Research On Copyright Infringement In Short Video Production And Dissemination

As a popular research object at present,short video shows a trend of increasing infringement lawsuits,and there are many copyright infringement problems to be solved in the production and dissemination.However,in the face of new problems,theoretical scholars and experts are still in the stage of exploration and research on the copyright infringement of short video production and dissemination.In practice,the existing legislative,judicial and institutional aspects cannot provide reasonable and effective solutions.Therefore,it is necessary to study deeply to find the essence behind,and use legal thinking to solve the copyright infringement problem of short video production and dissemination.Compared to the current relevant literature,the author combines the latest short video piracy cases,with a short video maker,network service providers access to the original works of the defect,tort boundaries,the rational use of theory and specific apply the rules of safe haven for key carries on the discussion,proposed in previous literature failed to solve the problem of reasonable measures,around the short video this study proposed an argument is more refined,more relevant to the present stage short video industry development direction.This paper is divided into three parts,mainly short video producers and short video disseminators as the main body of research,short video producers,Internet service providers to obtain works,the use of works and copyright restrictions as the main line,layer by layer,to expand the discussion of copyright infringement.The first part studies the copyright infringement of short video production and dissemination.After expounding the research background of producing and disseminating the short video in the preface,it is necessary to elaborate the copyright infringement.Aiming at the copyright infringement in short video production,this paper studies the following three aspects: the difficulty of obtaining works by short video producers,the fuzzy definition of infringement in short video production,and the divergent application of the theory of fair use.In view of the problem of copyright infringement in short video transmission,this paper discusses the disadvantages of obtaining short video from isps,the ambiguity of copyright infringement identification standards in short video transmission,and the divergence of application rules of safe harbor for isps.The second part focuses on the copyright theory of short video production and dissemination.In the short video production,in order to reduce the risk of the short video producer to obtain the original work,this paper mainly discusses the feasibility of the pluralistic licensing mode,which is mainly based on the copyright collective management organization,with both parties directly signing contracts and legal licensing supplemented by legal licensing.Then,by comparing the originality standards in Anglo-American law system and continental law system,this paper puts forward the idea that the author's personalized expression is original in short video production,clearly distinguishes the boundaries of rights and obligations between the original work owner,performer and short video producer,and deeply studies the theory of copyright infringement in short video production.However,while protecting the interests of copyright owners,it is necessary to leave enough space for public interests.This paper mainly takes the infringement case of gu amo's "watching movies in X minutes" as an example to analyze and demonstrate the similarities and differences between the three-step detection method and the four elements of reasonable use,so as to effectively play the role of reasonable use.In the short video transmission,it is proposed that under the mode of exclusive information network transmission right,there exists the disadvantage of requiring the Internet service provider to obtain the authorization to carry out litigation activities,and then the feasibility of the short video platform acting as copyright is demonstrated.When infringement occurs,the identification standard for judging the infringement of others' information dissemination right by the Internet service provider is how to judge whether the Internet service provider provides the accused infringing short video or only provides the information storage space service.Based on the premise of defining the scope of isps,this paper mainly compares the definition standards of qualified notification and counternotification and the legal consequences of unqualified notification and counternotification.And on this basis,elaborated in our country safe harbor rules isps know,should know and isps directly obtain economic benefits of the judgment criteria.The third part focuses on the copyright infringement control strategy of short video production and dissemination.On the basis of the research in the first two parts,the basic idea of solving the problem is put forward.In view of the problem of copyright infringement in short video production,a comprehensive licensing model is reconstructed,which is based on copyright collective management organization and supplemented by other licensing models.To avoid infringement in short video production requires joint efforts.Producers of short videos should increase the awareness of copyright protection and use materials carefully.The state USES legal means to stop ACTS of infringement and jointly creates a favorable legal environment.In order to effectively apply the theory of fair use and balance the interests of copyright owners and public welfare,this paper puts forward a scheme based on the three-step test method,which refers to and absorbs the "transformational use part" of the four elements of fair use in the second step.In view of the problem of copyright infringement in short video transmission,it is suggested to adopt the licensing mode of short video platform when copyright infringement occurs.According to the case can be clear about the standard of infringement identification of Internet service providers,but also to improve the reasonable care obligations of Internet service providers in the prevention of risks.After comparing the rules of safe haven in China and the United States in detail,it is necessary to draw on the beneficial provisions of the United States,and clearly point out that the rules of safe haven are not applicable to short video platforms when they meet the standards of knowing what should be known.Short video platforms should also use technical means to automatically compare and filter infringing content for substantive examination.