Research On Tort Behavior In Short Video Creation And Transmission

The technological revolution promotes the metabolism of all industries in the society.In the 4G era,the per capita ownership of mobile smart devices grows on a large scale.The development of Internet technology transforms the information flow from pictures and text to video.As soon as it appears,it will quickly seize the Internet market with the characteristics of fast rhythm,large density and high efficiency.In the5 G era,the advantages of high transmission,low latency and large network capacity are highly likely to make short video the first industry to benefit.Solving the predicament of copyright infringement in the short video industry is a necessary guarantee for the short video industry to maintain its rapid development.Starting from clarifying the legal connotation of the terms related to short video,this paper makes a theoretical research on the definition,characteristics and the difference between short video and the existing video forms.By separating the creation and dissemination process of short videos and combining with the short video industry chain,this paper analyzes the multiple rights subjects in the creation and dissemination process one by one.The copyright legal system is numerous and complex,and the rights are closely linked.In judicial practice,the focus of the dispute on the infringement of short video copyright is mainly reflected in the definition of what subject rights are infringed,and the determination of the nature of rights directly affects the determination of the amount of compensation.Starting from the creation and dissemination of short video two paths.The first is the creation behavior of short videos.Short videos can be divided into many types according to different creation techniques and content.In the process of creation,the author inevitably refers to the ideas and content expressions of the existing works,and the second creation occurs in the creation of the vast majority of video creators.The study of the second creation in theory cannot solve the disputes on the principle of fair use in practice.Furthermore,in the academic discussion on the originality standard of works,combining the new video form of short video,the originality standard applicable to the current cultural environment is summarized.The second is to analyze the scope of responsibility of multiple communication subjects along the propagation path of short video works,and try to find a new interest balance conducive to the development of the industry among different interest groups.Based upon the Copyright Act was amended in 2020,combined with a short video industry,analyze the hotly contested in the judicial practice,to define the concept of short video,clarify in a short video in the process of production,use,dissemination,all kinds of rights conflict,to distinguish between short video tort,and to explore the network copyright protection under the new pattern of interests balance.As a member of the network environment,the short video is expected to make a modest contribution to the construction of the basic legal ecology of network copyright protection in China.