| In the current era of new media,network users have high quality and efficiency requirements for obtaining information such as current affairs news,culture and entertainment.Short video,which is characterized by short duration,distinct theme,fast propagation speed and wide range,emerged as an emerging format.Because short video greatly caters to people’s fast-paced living habits,it is favored by netizen.At the same time,with the promotion of big data and artificial intelligence technology,the short video industry has developed rapidly and now occupies a leading position in the mobile phone entertainment of Internet users.It has brought many cultural creations to Internet users and greatly enriched the spiritual life of Internet users.However,with the prosperity and development of short video industry,the piracy and infringement of short video also become serious.Various kinds of short video infringement problems emerge one after another in judicial practice,which has become the disaster area of copyright infringement in China and aroused widespread concern and discussion in the society.In this context,it is urgent to regulate and govern short video copyright infringement,effectively protect the copyright of short video,so as to regulate the flood of infringement,encourage short video creators to carry out cultural creation,and promote the healthy and orderly development of China’s short video industry.In this paper,literature review method,comparative research method and case analysis method are used to put forward the realistic dilemma existing in the copyright protection of short videos in China and put forward feasible suggestions.This paper is mainly divided into the following three parts:The first part mainly expounds the basic theory of short video from the definition,characteristics and classification of short video.The definition of a short video from industry and legal level were discussed,and then analysis the short video to the copyright problem,copyright and copyright contains special relating right,short video and video recordings,including works works protected by copyright,video recordings by relating right protection,both are protected by the copyright law.The second part firstly studies the current situation of short video copyright infringement in China through data.It also analyzes the perfection of short video copyright protection in the current Copyright Law,as well as the deficiencies in copyright protection in regulations and short video industry policies.Finally,it analyzes the difficulties of short video copyright protection in China,such as difficulty in identifying short video copyright infringement,loose supervision of short video platforms,difficulty in obtaining authorization of short video for second creation,difficulty in protecting rights of short video creators or allowing infringement to occur.It is urgent to propose reasonable countermeasures so as to strengthen the copyright protection of short video.The third part,in view of the second part pointed out several dilemmas,corresponding to put forward feasible suggestions.First,in the field of short video copyright research,improve the judgment standard of fair use;Secondly,the supervision responsibility of short video platform should be strengthened from two aspects of system and technology.Thirdly,the copyright authorization mechanism of second creation short video is constructed by providing copyright material library and constructing targeted copyright authorization trading market.Finally,it is proposed that short video creators should improve their awareness of copyright protection and industry associations should give full play to their promoting role,so as to achieve the balance between short video copyright protection and traffic interests. |
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