Research On Short Video Infringement Of Film And Television Drama Copyright

With the rapid development of video editing technology and mobile networks,short videos have developed independently from long video platforms.Due to the unauthorized use of film and television dramas by a large number of short videos,huge economic losses have been caused to the rights holders of film and television dramas,and related disputes are also increasing.Short video is a video produced by editing previous videos.short videos using film and television dramas clips Previous videos from film and television dramas.Short videos using film and television dramas is innovative,not only in the selection of previous film and television dramas,but also in the cutting and editing of video clips and the writing of video narratives.On the premise that short video constitutes a work,it has the possibility of fair use.There is a possibility of mutual benefit and win-win results between short video and film and television dramas.The creative commons license is introduced,and a profit sharing mechanism between short video platforms and long video platforms is established.By allowing the rights holders of film and television dramas to voluntarily cede part of their rights,space is provided for the creation of short videos using film and television dramas.Through a profit sharing mechanism,the interests of short video producers,short video platforms,and rights holders of film and television dramas are balanced.At the legislative level,administrative regulations should be adopted to ensure the actual implementation of the creative commons license and profit sharing mechanism,and the fair use system should be further improved,with additional incentive clauses added.In judicial practice,when determining whether the use of short videos in film and television dramas constitutes a fair use process,in addition to considering the elements prescribed by law,comprehensive consideration should also be given to the length of previous film and television dramas cited,and the impact of using short videos in film and television dramas on previous film and television dramas.When determining the economic losses caused by infringement,there should be a basic calculation method to limit the judge’s "discretion" space.