Research On Copyright Protection Of Secondary Creation Short Video

With the popularization of intelligent mobile devices and the development of modern network technology,people have more ways to choose to entertain their body and mind and cultivate their sentiment.As a new thing,mobile phone short video emerges at the right moment.Its emergence makes people more keen to spend their leisure time by watching short video.It is because the short video industry has shown a rapid development speed in the highly modern society,and it is supported by the features of convenient shooting and fast editing of smart phones that it can be deeply loved by the majority of software users.In addition,many original authors have created excellent short video content through exquisite story framework,ingenious processing and arrangement,and interesting dialogue segments to spread to the audience on the short video platform.Stay ahead in the industry development trend,at the same time the secondary transmission in the process of writing class short video content appeared many notable phenomenon,content forms a short video for spreading wide range,high user clicks,easy to get into the characteristics of advertising to attract some creators again malicious interception and the content of the original secondary creation,In this process,it is revealed that the legal positioning of the secondary creation short video in the copyright law is not clear.Whether this type of short video can be protected by the copyright law,what rights can be enjoyed if it constitutes a work in the sense of copyright law,and how to protect relevant rights urgently need to be paid attention to and solved.In addition,in the process of secondary creation,re-creators use the fair use system to create short videos with infringement risks.Meanwhile,the platform of short videos makes use of the loopholes of the principle of safe haven to produce a large number of infringing short videos by directly controlling,publishing through operating accounts or indirectly helping the dissemination of works.Such confusion and problems not only damage the legal rights of high-quality short video copyright owners,but also indirectly reduce the creative desire of high-quality creators,and ultimately we,as the majority of registered users,are substantially affected.At the same time,this problem will also make the short video,an emerging cultural front in China,suffer a violent impact,affecting the normal development of the short video industry and even the prosperity of cultural undertakings.Therefore,this paper is mainly divided into four parts to discuss the above problems,and puts forward relevant measures to solve the infringement problem in the field of secondary creation of short video,protect the growth space of secondary creation of short video,and promote the vigorous development of various new forces in the cultural field of our country.The first part is to clarify the research object of the thesis and the analysis of theoretical basis.By defining the concept and type of secondary creation short video,the object of protection of short video infringement protection measures is defined,and the theory of copyright of secondary creation short video is analyzed at the same time.From the perspective of the content of the traditional copyright and ownership as the breakthrough point and expand to the secondary creation class that short video enjoy copyright related theory,this paper determined the involves the specific scope of the right of copyright,and identify the body of the relevant rights,based on this,advances the infringing act defined as to make the theory foreshadowing.The second part mainly for secondary short video in writing a theoretical analysis of the infringement,violation of the basic theory of traditional works and analysis method for infringement involving secondary short video in writing constitutive requirements and the imputation principle is discussed,at the same time,in accordance with the two types of direct infringement and indirect infringement standard were analyzed,and determine the types,applicable to the infringement behavior main body In this way,the specific manifestation and reason of the conflict between the infringement and the failure of the two protective measures,the fair use system and the principle of safe harbor are clarified.The third part introduces the current situation of the protection of the secondary creation type of short video,and summarizes the problem as the conflict between the recreator’s direct infringement of the creation type and the operation of the fair use system,and the platform undertakes indirect tort liability through the conflict between the transporting and spreading behavior and the principle of safe haven.On this basis,the author expounds the problems exposed by the two types of systems with protective significance in the current operation mechanism of copyright law.The fourth part mainly puts forward strong protective measures for the conflict between infringement and protection discussed in the paper,aiming at providing a legal theoretical basis for the development of the secondary creation short video industry through specific means.The measures mainly put forward suggestions from four aspects:copyright awareness of right subjects,expanding the scope of fair use system,establishing centralized authorization management platform for network short video,and building copyright protection system with block chain technology as the core.