Research On Copyright Infringement Of Short Video

With the vigorous development of network economy,the users of network short video are increasing continuously due to its features such as short and concise content,strong interaction and fast transmission speed.However,due to the copyright infringement,it has also aroused heated discussions in the legal and practical circles.This paper mainly focuses on the legal causes behind the copyright infringement of short video and makes a reasonable discussion on the system concept.To study the copyright infringement of short video,we need to understand the definition,characteristics and classification of short video.Our country present short video copyright infringement problem is relatively complex,through the analysis of the current situation for infringement of a short video from direct infringement and indirect infringement,discusses main short video presentation copyright dispute,through the use of legal theory and judicial practice to analyze the main causes of this situation,and then explore out a short video network governance short video copyright infringement of copyright law: it is difficult to short video copyright can be defined;The main infringement dispute identification standard is fuzzy;Short video platform censorship responsibility dispute.As for the judgment of copyright ability of short video,this paper mainly use the principle of "thought expression dichotomies" and the originality judgment standard of copyright law to explore and analyze the copyright ability of different types of short video in China.However,the main infringement dispute identification standards are vague,and the relevant theories of tort law,fair use system and substantive similarity principle are used to reasonably identify the responsibilities of short video users.As for the review responsibility of short video platform service providers,the "safe harbor principle" and "Red flag principle" are combined to discuss the duty of care and exemption clauses of short video platform in China,and the indirect tort liability of short video platform service providers as the communication platform is explored.Based on the analysis of the above difficulties in short video copyright,this paper puts forward the legal conception of improving the regulation of short video copyright infringement in China.The standards for copyright ability of works need to be clarified;To improve the standards for the identification of copyright infringement disputes: to expand the scope of the identification of fair use and to establish uniform standards for the identification of substantial similarity;Standardize the responsibility of short video platform,mainly by improving the inspection obligation of short video platform and building a diversified platform management system.Through the analysis of copyright infringement of short video and the construction of relevant systems,it is helpful to solve the difficult problems in the copyright protection of short video and correctly handle the copyright infringement disputes of short video.On the one hand,it can better protect the legitimate rights and interests of copyright owners;on the other hand,it can protect innovation,protect public interests,promote the prosperity and development of social culture,and realize the coordinated development of copyright owners,users and network platforms.