| With the advance of digital communication technology and the popular of electronic devices such as mobile phones and tablets,short network video has become more expanded its in the market.However,as a new form of network works,it also faces many problems,for example,whether the network short videos could be protected by the laws,how to regulate the infringement of network short videos,and how to balance the main interests of the short video from the institutional level to promote its creation and dissemination.Although the newly revised Copyright Law in November2020 effectively responds to the challenge of copyright brought by the rapid development of digital information technology and network culture industry,the tendency of legal system is designed to “pay more attention to protection than use” is still obvious,and the insufficient attention is paid to the problem of the copyright licensing in the practical application.Therefore,on the basis of clarifying the legal attributes of network short videos,it is necessary to further analyze the current situation and problems of network short video copyright license to explore the perfection of its system.The main body of this article is divided into five chapters.The first chapter mainly explains the background of this article,then analyzes the related domestic and foreign research,lastly,it introduces the theoretical and practical significance of studying the copyright licensing of network short videos.The second chapter is a general overview of the copyright licensing of network short videos.By defining the concept of network short video,expounding its composition,explaining the copyright licensing system,and analyzing the provisions of the current legal system on the copyright licensing system,it discusses the legitimacy of network short video copyright licensing system from the perspective of the value of justice and efficiency,The third chapter mainly focuses on the practical application of network short video copyright.Although there is a huge demand for license in the trading market of network short video copyright,it is still difficult to acquire their licensing in reality.The exclusive license which is originated from digital music works has gradually become the main license mode in the trading market of network short video copyright.Now the exclusive license of network short video copyright generally exists between the platform and MCN organization or between the platform and users.Based on the user agreement of the most popular network short video APPs,it mainly focuses on the practical operation of the exclusive licensing model and its issues about platform monopoly from two aspects--the agreement of the use of platform terms of service and intellectual property terms.The fourth chapter illustrates the problems and causes of copyright licensing of short video network.Network short video copyright license is not only general problems of ordinary network works,but also is special problems of network short video.The former is mainly reflected in three aspects: the difficulty of tort regulation cause by the insufficient remedies of the network works right,the low efficiency of the dissemination of works based on the single mode of permission,and the obstruction of the advancement of the genuine edition led by the failure of paying habits;the latter is mainly reflected in three aspects: the difficult identity of network short video works caused by its unclear special authorization subject,the difficulty of achieving its true value led by the imbalance of the interest,and the illegal monitoring problems resulted from the poor protection of copyright.The fifth chapter comes up with the improvement of copyright license system for the network short video in China.By analyzing the current legislation status of the copyright licensing system and examining the beneficial experience of the foreign system,under the guidance of the basic principles of copyright licensing(the principle of balance of copyright interests,the principle of tolerance and prudence,the principle of co-management),five measures are proposed in the article: adjusting the legal licensing model,improving the copyright collective management system,establishing the implied license system of copyright,build the open licensing system in the copyright law,and guiding the exclusive licensing model in market transactions. |
