Research On The Copyright Protection Of Music Works In Short Videos

With the popularity of short videos represented by Tik-tok,copyright infringement of music works in short videos has become even more serious,which is mainly reflected in the unauthorized commercial use and arbitrary adaptation of music works in short videos,which makes the use of music works in short videos far from "fair use".In addition,it is difficult to identify the infringement of short video platforms and difficult for copyright owners to protect their rights,which also restricts the healthy development of short video industry.In terms of the short video,the relevant legal provisions are deficient and the social effect of the adjustment is limited.Therefore,it is of great significance to improve the relevant copyright system for regulating the use of musical works in short videos,building a clear online copyright space,and fostering social fairness and justice.In the basic situation of short video,short video in music works is introduced,the use present situation and the income condition of short video in our country are analyzed using music works lack and related legal system,in which a short video platform tort liability cognizance of music works the rights of the copyright owner,two major problems,and the judicial use of case analysis.Social analysis of the fair use system shows that the reasonable use system construction and the principle of "balance of interests" of the intrinsic value is consistent,therefore put forward under the new situation in the judicial cognizance is constitute "not for-profit" need to focus on two factors,namely short video creation subject and influence,the nature of music in the use of short video.Finally,it puts forward some countermeasures and suggestions to strengthen the copyright protection of music works in short video.In the aspect of legal system,to perfect the application of the principle of "safe haven" conditions,the analysis of the platform to provide services of substantial role,on the basis of further perfecting "knowing" and "should know" standard,appropriately relax the cognizance standard of "direct profit",so as to better safeguard relevant rights and interests of the copyright owner.In order to solve the difficulty of protecting the rights of the copyright owners of music works,we can consider introducing the third party investigation organization to reduce the burden of proof of the rights holders.The factors that need to be considered in determining discretionary compensation should be sorted according to their rank,and punitive provisions should be added on the basis of ensuring full compensation for rights protection costs.In addition,considering the particularity of legislation in the field of short video,special legislation can be introduced for short video platforms to make adjustments,so as to ensure that platforms fulfill their duty of prompt and care,and remove infringing works timely by technical means.In addition,the payment system of short video music should be improved,and the role of copyright management association should be brought into play,so as to cultivate a good social music copyright ecology from the source.