| In the era of digital economy,short video has rapidly emerged as an emerging industry.With the savage growth of the short video industry,infringement is frequent.Due to the lagging nature of the law,the current Author’s right law and related legal norms have not directly regulated it.In view of this,in order to promote the healthy and orderly development of the short video industry,it is necessary to analyze the attributes of short videos,determine the rationality and legitimacy of copyright protection for short videos,and then explore whether short videos constitute infringement and how to effectively regulate infringement and chaos.This article takes the typical case of the "huopai short video case" as the starting point,and summarizes the controversial issues in the case by sorting out the case and the opinions of the judges.Using a research method that combines theory and practice,gradually analyze the elements that constitute short videos from a logical level,and then explore the standards for determining infringement.From special to general,identify problems in the process of analyzing short video infringement and propose corresponding legal countermeasures,providing technical and legal support for the development of the short video industry.The article is divided into three chapters: The first chapter selects typical cases related to short video infringement in recent years,and through sorting out the case,two issues that the article aims to study are:first,whether short videos constitute "works created by virtue of the ana logous method of film production",second,whether short video platforms constitute infringement.The legal analysis section of Chapter 2 first analyzes the copyright attributes of short videos,with a focus on discussing the originality standards of short videos;Then,if the short video meets the constitutive requirements of the work,further exploration will be conducted on the classification of specific types of short video works in combination with the changes in the current Author’s right law.Then,legal analysis will be conducted on the infringement issues of short videos based on different types of infringement,in order to identify the problems in the determination of short video infringement in China’s judicial practice;The third chapter mainly improves the relevant principles and systems in copyright law theory,protects short video infringement,and provides legal theory and practical countermeasures for the governance of short video infringement chaos. |