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An Analysis Of The Originality Standard Of Short Video Composition Works

Posted on:2020-12-02Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y LiuFull Text:PDF
GTID:2436330596465231Subject:legal
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With the rapid development of short video and information networks,the copyright protection of short videos has also come one after another.The cross-platform communication of short videos has led to litigation by short video service platforms and short video producers.The originality of the works is at the core of the court's trial of such cases.However,our country's laws do not clearly define the originality standards of works,which makes the judicial practice appear dilemma when applying the law.What kind of originality standards should be applied to short videos is the focus of this paper.The works are in the fields of literature,art and science.They have original and reproducible concrete expressions.The works show the author's thoughts,and the thoughts are the fundamentals of expression.The differences in thoughts will inevitably lead to differences in the expression of the works,even though the works are expressed and The types are ever-changing,but all forms of creation,regardless of art,literature,technology,etc.,must judge these four aspects,namely,creative behavior,independent completion,creative height and creative intention.And this is the core and key to the originality of the short video composition.Through the analysis of different opinions of Chinese legislation and scholars on the originality standards of works,combined with the principle of balance of interests,the status quo of China's network environment and the characteristics of short video itself,the originality standard of short video constitutes the work should be: independent creation +minimum Creativity,as long as the work reflects a certain degree of choice,choice,design and other personality,that is,originality.In view of the controversial issues in the judicial practice for the originality of short video works,the short-form video platform's standard effect and video length will not affect the conclusion of the short film works originality recognition.
Keywords/Search Tags:short video, originality, balance of interests, independent creation, minimal creativity
PDF Full Text Request
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