As the rapid growth of mega data technology,mobile Internet,streaming media,short videos with long duration,rich content and fast propagation are rising and developing rapidly.With the continuous expansion of the market scale of the short video industry,the copyright matter caused by this has emerged gradually.At present,the copyright issues related to short video are relatively complex.Through the analysis of the cases related to short video in judicial practice,the focus mainly focuses on the following three aspects: 1.Whether short video constitutes a work protected by copyright law;2.The determination of fair use in short video;3.The legal liability of short video platform in short video infringement.In view of the copyright matters caused by the development of short video,this paper analyzes the deficiencies of current law regulation,mainly including vague originality standards of works,unclear applicable standards for appropriate citation,non-operability of three-step detection,and problems of short video platform’s duty of care and tort liability.Based on the comparative analysis of the relevant regulations on short video copyright in foreign countries,puts forward the countermeasures to tackling the matter of short video copyright.First,it defines the standard of "originality" under the condition of new technology,so as to determine the property of short video works.Second,scientifically define the boundary between the reasonable use and infringement of other people’s works by short videos,leaving space for the creation of short videos;Third,in the face of short video infringement disorder,improve the duty of care of short video platforms,improve the application of rules such as safe harbor.Fourthly,the short video infringement filtering mechanism is established to solve the copyright infringement problem of short video.Through the improvement of the system,while protecting the private right of copyright,it can provide legal guarantee for the enrichment and innovation of short video,so as to promote the development and prosperity of the short video industry. |