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Research On Copyright Protection Of Internet Short Video

Posted on:2021-01-25Degree:MasterType:Thesis
Country:ChinaCandidate:L T ZhaoFull Text:PDF
GTID:2416330629982406Subject:legal
Abstract/Summary:PDF Full Text Request
With the development of the network and the popularization of mobile intelligent terminals,the pace of life is accelerating.Short video with its short and sturdy characteristics just meets the needs of users,creating conditions for the rapid growth of short video.However,as a new industry,short videos are frequently infringed while developing rapidly.This article analyzes a series of copyright issues involved in short video infringement,and provides effective suggestions for solving the short video infringement problem in China,balancing the balance between rights holders and the public interest,and regulating the order of the online short video market.Therefore,this article starts with the following aspects to study the copyright protection of online short videos:The first part is the introduction,which mainly discusses the background and significance of short video development,literature review,research methods,innovations,and shortcomings,and gives theoretical and practical significance to the topic of protecting short video copyright protection.The second part mainly discusses some legal difficulties in short video copyright protection.What kind of works does a short video belong to? Can it be protected by copyright law? What level of protection should it be? What is the "original" recognition standard for short videos? This is a new issue that has attracted much attention in current copyright law and practice..The short films of movie and TV commentary are the most typical and controversial.Under the legislative model with relatively solid regulations on fair use in China,the legitimacy of such short videos has become difficult to determine.In the short video infringement,the network platform plays an important role,but in practice,the platform can often be exempted from the liability with the "notification-deletion" rule,resulting in the platform liability becoming an omission in short video infringement cases.The third part mainly analyzes the above legal problems.In this article,first of all,based on the creative characteristics of short videos,comprehensively judge the existence and degree of originality from the originality of material selection,the way of shootingmaterials,and the post-production method,and make works based on the originality of short videos.Or the division of the product to determine the degree of protection.At the same time,taking film and television narrative short videos as examples,the purpose of using video clips,the use of video clip lengths,and the impact on the film and television market are the criteria for judging fair use,providing a way out for the rationality of the short video secondary creation.Finally,the direct and indirect infringements of the short video platform are analyzed from the role and function of the network platform.When the“notification-deletion”rule cannot fully clarify the responsibility of the network platform,in order to avoid the network platform's avoidance of the duty of attention,"Red flag standards",platform rankings,use of technical measures and other related facts,from the perspective of a rational person to judge the "informed" infringement of the network platform,determine the network platform's infringement liability.The fourth part mainly puts forward some suggestions on the way out for short video copyright protection.This article draws on the existing platform's technical means,from the establishment of a copyright system and the use of content recognition technology to identify short video infringement.At the same time,the latest CC license agreement is used to meet the current licensing requirements.In order to meet the popular "Internet celebrity effect",it is also necessary to construct an implied license system for online copyright.
Keywords/Search Tags:Short video, Copyright, Infringement, Originality, Right ownership
PDF Full Text Request
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