Analysis Of Short Video Tort Dispute Cases

Short video is the product of Internet in recent years.There are many opinions on copyright of short video in our academic circles,and the legal protection of short video is in the exploratory stage.The infringement situation of short video industry is serious,which highlights the lag of copyright law legislation in our country.At present,there are relatively few judicial cases in the field of short video in China.As the first case accepted by the Beijing Internet Court,the case of "Tik Tok" v."partner small Video" has attracted extensive attention in academia,the judiciary and the industry.It provides a reference and reference for the copyright problem of short video.First of all,the quality of the short video involved in the case is whether it can enjoy the right of information network dissemination is the premise,through the short video involved in the case By comparing the "originality" judgment standard between Chinese and foreign works,this paper draws a conclusion that the short video related to the case accords with the judgment standard of "independent completion of personalized expression",thus determining the composition of the film works.According to this standard,it can be concluded that most short video works are protected by copyright law,and a few short videos can be protected by video products.A clear and reasonable use criterion is the key to determine whether or not a short video is infringing.The 12 cases of reasonable use enumerated in the system of writing practice in China do not include the "secondary creation class" of short video.Through the analysis of the short video involved in the case by the "four-factor detection method",the conclusion is drawn.The factors that should be considered when judging whether the short video constitutes a reasonable use;Thirdly,whether the short video platform has fulfilled the obligation of "notice-delete" determines whether it bears the tort liability or not.Through the analysis of the defects of the "safe haven principle",it is concluded that the principle needs to be refined and perfected.Finally,improve the copyright law of short video infringement definition,establish online copyright registration and rapid authorization system,improve the real name registration of users,establish a risk classification system,set up content review group,improve the reporting and complaint mechanism.Practical rights such as establishing a user blacklist system,using technical means,encouraging innovation and establishing a win-win businessmodel,etc.Conflict relief approach,in order to achieve the legal protection of short video industry through judicial,administrative,platform management.