Analysis Of The Copyrightability Of Short Videos

With the continuous innovation and progress of network technology and mobile clients,new forms of mobile social applications have been widely popularized,and the overall network coverage of short videos has also increased.Online mobile client users continue to consume short video content Sexuality is high.Due to the accelerated pace of life in modern society,users habitually use fragmented time for browsing,which creates objective conditions for the popularity of short videos.Short video users can express their personality in a short time.And compared with traditional videos,short videos are used and shared by more and more users because of their unique features such as high transmission efficiency and strong social ability.With the rapid development of the short video industry,copyright issues in the Internet environment have gradually emerged.How to regulate the development of the short video industry without affecting the development of the Internet economy requires analysis and thinking from the perspective of copyright law.Based on the concept and characteristics of the new thing of short video,this article discusses the copyrightability of short video through theory and case studies.The article analyzes the characteristics of short videos,real-time length,simple production,personalization,and strong social attributes.After combining the research reports of Internet organizations,short videos are defined as: short videos are based on new Internet media.It can meet the information needs of users' fragmented learning and consumption,and can be shared on social platforms,and thevideo format is less than 5 minutes.Then divide the short videos on the market according to the video style,content materials,and production methods,and understand the new product of short videos more clearly.The topic that this article wants to discuss is the copyrightability of short videos.First,two questions are asked about the copyrightability of short videos: 1.Does the short video have originality;2.Does the short video constitute a work and what kind of work? Around these two issues,originality is the cornerstone of copyright.Therefore,we need to compare the originality theory of the copyright system and the author's rights system,and combine the experience in Chinese practice to propose that the originality standards adopted by China for works are divided into two types: general The originality of the work is recognized as the author's independent completion and minimal creativeness;while the types of works such as film works and electrical works need to reach a certain creative height or artistic standard of originality.According to the characteristics of the short video itself and the creative process,it is proposed that the short video works conform to the legal type of "electrical works".In terms of the content embodied in short video works,short videos should reflect the personality and thoughts of the producer through continuous pictures,and should be considered to be original.Taking the latest short video infringement case study in practice,short video has also been gradually recognized as constituting a category of electrical works to obtain copyright protection in judicial practice.Combining the theoretical research on the copyrightability of short videos and the results of judicial practice trials,"case analysis" should be used as the method for determining the copyright of short videos.The copyright of short video works cannot be generally judged based on the high standards of "electrical works".Take a "relaxed" attitude.On the basis ofthe foregoing,the author summarizes the copyright issues of short videos.In order to encourage the development of the short video industry,the author believes that the determination of the originality of short videos should be lower than the standards for the identification of video works in other types of electronic works.,Lowering the threshold of "ingenuity" of this type of electric works.