Research On Short Video Copyright Infringement

As a new form of video,short video has appeared in China for a short time,but its development speed is very fast.It has crossed the comprehensive video and occupied the top position in the network audio-visual industry market.On the one hand,the popularity of short video enriches people's amateur life,improves the utilization of fragmented time,and provides a new way and way for self-expression;On the other hand,the problems and phenomena of short video infringement occur frequently,which puts forward higher requirements and challenges for the formulation and improvement of national governance and relevant laws and regulations.By typing keywords such as "short video" and "copyright infringement" into Chinese judicial documents online,we can see that the number of litigation cases related to short video has shown an upward trend in recent years.This paper chooses a typical case of short video infringement to lead to the topic.Through the analysis of typical cases,it can be concluded that the relevant legal provisions on the protection of short video copyright in China are still not detailed and perfect,and there are still many legal gaps and loopholes.Therefore,in judicial practice,the discretion of judges is different from that of different judges in similar infringement cases,which is not conducive to judicial fairness and justice.By analyzing the legal attributes of short videos and clearly defining the concept of short videos,China's Copyright Law clearly stipulates the three constituent elements of a work,namely,the field to which the work belongs,the originality of the work,and the form of the work.To analyze whether short videos are "works",the most important thing lies in judging the form and originality of short videos.Comparing the criteria for extraterritorial originality with the criteria for determining originality in China,it is concluded that there is a problem of inconsistency in judging the originality of works today.The fourth part of the article introduces the types of short video infringement,the criteria for determining infringement on short video platforms,and the defense of short video infringement,that is,the fair use system.