Research On Copyright Infringement Liability In The Production Of Film And Television Interpretation

With the improvement of modern science and technology,the Internet has entered every aspect of our daily activities.With a mobile phone,all kinds of digital multimedia information,such as word,music,video and so on,can be easily known.The vision of being able to keep track of the world’s events without leaving home is not surprising in today’s information age.At the same time,an emerging short video with short length,strong communication,low professional threshold requirements and high real-time interactivity has gradually become an indispensable part of public life.Especially during the COVID-19 epidemic,it became the main way for our people to communicate with the outside world in isolation at home.The constant development of network short video has provided a lot of convenience to re-creation,and a large number of short video commentaries have emerged.Such short video commentaries cut the key content and main plot of the film and television works,and then reproduce the selected pictures of the film and television works with certain commentaries.However,this act of editing the film and television images did not obtain the authorization of the copyright owner of the film and television works.For example,in April2017,a number of film and television producers jointly filed a lawsuit against a author,arguing that the author had reproduced the footage of his film and television works without their authorization in the short commentary video spread on the platform,which constituted infringement.In addition,through the film and television section of Bilibili social platform,we can see that the number of registered film and television bloggers is increasing gradually,and the registered bloggers are also continuously releasing new videos.Therefore,for the short video of film and television commentary,whether it is original and whether it infringes the exclusive rights of the owner of the original work is worth our discussion.Based on the current legal system in China,this paper explores the emerging short video and related copyright issues,and demonstrates the copyright infringement liability in the production of short video commentary for film and television based on the current research situation abroad.It is divided into four parts:The first part is the problem that part of film and television commentary class short video the introduction of the typical cases of infringement,put forward at present in theory and judicial practice of the film and television commentary class short video controversial focus on copyright law,namely the film and television commentary in the short video production is the use of precedent film and television works form infringement or reasonable use.The second part is going to expound the fundamental theory of short video commentary.This part first discusses the definition of short video of film and television commentary,and makes sure the productive process and characteristics of this type of short video.Besides,the short video of film and television commentary is classified according to the production content and production mode,which lays the foundation for the discussion of the following article.The third part is about the recognition of copyright infringement liability of short video production of film and television commentary.First of all,the behavior of short video commentary video using film and television clips infringes the control scope of the exclusive rights of original film and television works.Then the recognition of its tort liability is mainly discussed from the following aspects: one is to analyze the general standards for the recognition of copyright infringement;the other is to analyze the use of the original work in the production of short video commentary through the elements of tort liability,namely four elements.Third,from the point of view of whether the exemption is established,the author discusses and demonstrates that the production of short video of film and television commentary does not constitute fair use.The fourth part mainly discusses the responsibility of infringement of short video copyright of film and television commentary.This part starts from the tort acts of producers of short video commentary,and through the combination of theory and practice,analyzes the form of tort liability and the way to bear the responsibility.In the form of tort liability,it mainly analyzes the production subjects related to short video of film and television commentary.In the aspect of tort liability,it focuses on the determination of the scope of tort compensation and the application of punitive compensation.