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Research On Copyright Infringement Of Short Video

Posted on:2023-03-12Degree:MasterType:Thesis
Country:ChinaCandidate:Y Z LinFull Text:PDF
GTID:2556306620464194Subject:Law
Abstract/Summary:PDF Full Text Request
In 2021,short video platforms already have 880 million users in my country.With the continuous increase of short video users,short video has gradually become the mainstream social media in my country.At the same time,the economic benefits brought by short videos are also growing.However,driven by interests,short video infringement is not uncommon in the industry.As a new type of video media different from conventional video media,short video has its unique characteristics compared with some conventional video media,such as: short video is more interactive,video duration is significantly shortened,and original identification is difficult.These characteristics have directly or indirectly led to the difficulty in applying legal principles to the original author in maintaining his own copyright in judicial practice.Based on this,this paper conducts relevant research on short video copyright infringement.By analyzing the relevant provisions of the newly revised Copyright Law and typical cases in judicial judgments,it summarizes the existing problems in short video copyright infringement,and puts forward corresponding countermeasures and suggestions.It can promote the establishment of a sound protection mechanism for the rights and interests of short video creators,clear the development obstacles of the short video industry,and further complement the current shortcomings of relevant laws in my country.The specific research contents are as follows:In view of the definition of short video copyright infringement,this paper deeply analyzes the concept of short video copyright infringement in the Copyright Law and the relevant theoretical explanations of short video creators and platform infringement exemptions,combined with Tencent,i Qiyi and other companies.Short video copyright dispute cases,to analyze and classify short video copyright infringement actions,and to clarify the types of liability for different infringements,which will help clarify the liability for infringements and improve the short video platform liability system.Aiming at the status quo of short video copyright infringement cases,the "Copyright Law" is used as the theoretical foundation to conduct in-depth excavation,and summarize the three core problems that still exist in the field of short video copyright infringement: unclear standards for determining legislative originality and single method for determining judicial originality.The problem of unclear judgement standards for originality;the problem of unclear fair use determination standards due to inconsistent judgment methods for fair use and difficulty in judging appropriate citations in creation;and short video platform liability due to imperfect disclaimer clauses and lag in duty of care for short video platforms Unclear question.Aiming at issues related to short video copyright infringement,this paper puts forward specific improvement suggestions and countermeasures,such as clear methods of short video original judgement standards,delineation of reasonable use determination standards,and short video platform responsibility standard specifications,which can effectively make up for loopholes in short video copyright infringement problems,thereby ensuring The interests of both short video creators and the platform side to achieve a win-win situation.Applying the relevant theoretical research on the identification of copyright infringement of short videos in this article,combined with the relevant experience in judicial practice,can clarify the criteria for determining the originality of short videos,improve the method for determining originality in the judiciary,standardize the criteria for determining fair use,and clarify the criteria for appropriate citations;unified;Platform infringement identification standards;delineate short video duty of care standards,etc.,in order to play a positive role in the improvement of short video copyright infringement in my country.
Keywords/Search Tags:Video clip, Originality, Rational use, Platform Tort Liability
PDF Full Text Request
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