Research On Copyright Protection Of Short Video

According to the latest revised Copyright Law,"audio-visual works" can replace "movies and works created by similar film-making methods",and the original short videos should be included in the scope of audio-visual works for copyright protection.The originality of short videos should be analyzed on a case-by-case basis,and the standard of originality should not be compulsorily defined without any flexibility.In terms of the originality of short videos,the status of audio-visual works should not be inevitably denied on account of the length of time and other multiple factors.In order to prevent the unlimited expansion of copyright owners’ rights,there is a boundary in the protection of short video copyright.For the identification of copyright infringement on short videos,the method of contact plus substantial similarity plays an important role.To identify the substantial similarity by idea expression dichotomy is of importance and difficulty in the confirmation whether it constitutes infringement.A short video platform may involve direct infringement and joint infringement.In the event of direct infringement,it is necessary to identify whether the short video platform plays the role of producer,publisher,editor,presenter,etc.at the same time in a case so as to confirm whether it constitutes infringement.However,in the event of joint infringement,it should be also considered whether the safe harbor rule or the red flag standard is applicable to the short video platform,and confirmed whether effective remedial measures have been taken.The fair use system,as a statutory limitation of copyright,is specified in Article 24 of the Copyright Law.In view of the current technical development of the short video industry,the traditional three-step test method appears slightly insufficient,and the introduction of conversional use will help identify whether a short video constitutes fair use and appropriately expand the range of fair use.The licensing system is regarded as a limitation on copyright in the form of contract.In the event that the volume of short video works cannot be estimated,the point-to-point licensing mode is no longer applicable.Although not expressly stipulated in the Copyright Law,implied license appears in the Civil Code and the Regulations on Protection of the Right of Communication through Information Network,which can be properly applied in the short video industry.The licensing mode and efficiency are more suitable for the development of the short video industry.It is suggested that US’ duty of care,European Union’s copyright filter duty and other multiple experiences should be absorbed,and higher duty of care should be imposed on short video platforms,including prompt duty,prior review,complaint response,and innovation of right protection.It is necessary to strengthen the technical innovation in the industry,coordinate to achieve technological breakthroughs within the industry and help the small and medium-sized short video enterprises update and iterate the copyright protection technology.