Research On Copyright Of Short Video

With the advancement of science and technology,the popularity of smart terminals and the development of software technology,short videos have become popular on the Internet,because of their high visibility,rich content,low production costs,and large profit margins etc.From the use of Viddy software in the United States in 2011 to the promotion of socialcam,Vine,and Instagram video social software,like the launch of Racer,Second Shot,Today’s Headline,Tik Tok,the Little Red Book,Central Video App,WeChat Video etc.The short video ushered in the development era of the Big Bang.The situation of everyone’s participation has mixed the good and bad together development and spread of short videos.Without effective technical specifications and legal systems,it has also brought many problems and challenges to China’s judicial trials.Copyright is particular interested as the solution for short video.The positioning of short videos in judicial trials in China has not been so accurate.It is confusion on the judgment of originality Not only the legal system,but also the problem about application of the law,For example,Is it appropriate or not to use filming as a factor in evaluating originality,the person who is work long will be good at it,and more professional.The professional level filming can ensure the picture consistency and beauty.But professionalism cannot replace novelty and originality,The judging method on the filming method reduces the short video protection range.In the current market environment,use market rules to make adjustments,Only by increasing the guiding role of the law can be beneficial to the development of short video and protection of the industry.Judgment of fair use in practice,Since there are both the theoretical application of the three-step test and the practice of the four-factor method,It is recommended to integrate the three-step and the four-factor to test.Constructing an evaluation system consistent with China’s characteristics,Refining the legislation of the fair use system of short videos in China,Such as the exclusion of fair use for entertainment purposes.Make the strictly limited of time on fair use etc.Finally,It about the exercise of the judge’s discretion,Judge need to be justified,It is not appropriate to use the enumerated method to comprehensively determine,Explore the quantitative compensation of standards,Avoiding Judicial Formalism.The author hoping to sort through the short video trial cases in China.Discuss the legal requirements for the protection of short video works,Disadvantages in practice,in combination with the laws,regulations and practices of other countries,I hope to summarize the path of intellectual property protection in China on short video.