With the increasing development of network communication technology,short videos have gradually appeared and are active in the range of popular entertainment options.Short videos have won the popularity of the public in a short period of time due to their unique characteristics such as short duration,low threshold and strong sociality.However,many copyright infringement problems are hidden behind this booming scene.The emergence of a large number of "scissors hands" and "porters" broke the market competition rules of the short video industry.Short video platforms abused the "safe haven" rules to evade responsibility and trampled on our country’s laws.Taking into account the future development of the short video industry,we have to use legal regulations,technical guidance,industry supervision and other means to control the infringement chaos in the short video field.At present,my country’s short video copyright infringement issues mainly focus on the following aspects: how to determine that a short video constitutes copyright infringement;whether the short video platform bears the liability for infringement and what responsibility should it bear;what is the copyright of the short video background music? This kind of dilemma;whether the traditional fair use system can be applied to the short video copyright infringement problem in the 5G era as always;As the main infringement subject of short video copyright infringement,the short video platform should bear the legal responsibilities and obligations;whether the short video platform overly relies on the "safe haven" rule is still safe.The research on short video copyright infringement issues not only involves the infringement subject and the infringement object,but also involves many academic theories and judicial practices in the judging rules and identification standards.The traditional fair use system and copyright licensing model have exposed many practical problems under the impact of the new wave.The "safe haven" rules are often abused by network service providers and short video platforms in practice,and these systems and rules are analyzed and resolved.Therefore,while dealing with short video copyright infringement issues,it is also necessary to optimize and improve the systems and rules applicable in academia and judicial practice so as to keep pace with the times.Otherwise,the solution of infringement issues will only remain on the surface and not be practical significance. |