Research On The Copyright Infringement Liability Of Short Video

The advent of the era of big data has spawned many new things.As a special product of the development of this era,short video has won the favor of the public with its short and interesting characteristics.As another product of the development of the Internet,the fan economy also plays an important role in the dissemination process of short videos.With the development of fan economy,the economic benefits brought by short video are also increasingly obvious.Therefore,the rapid development of short video has two sides.On the one hand,it promotes the economic growth,and on the other hand,it also leads to a series of legal problems,that is,frequent infringement phenomenon.Frequent infringement is the main dilemma facing the development of short video.It is mainly manifested in the following aspects.Firstly,originality is the short video protected by the copyright law.Judicial practice of short video;finally,the platform of the short video is protected by the "safe haven system".Through the analysis of relevant theories at home and abroad and through case study,the author plans to study from the following aspects.This article has four parts.The first part starts from the general problems of copyright infringement of short video,analyzes the concept of short video and the types of short video infringement,and points out that the reasons for the frequent occurrence of short video infringement are mainly driven by the "fan economy",the weak awareness of users’ rights protection,the weak supervision of the platform and the weak punishment.In the second part,the identification standard of the originality of the work is determined,and then whether the originality of the short video is determined.It points out that the short video should not determine the originality based on the length of the video.The core of the originality judgment is that the content of the short video needs to reflect the thought and personality of the author.The original short video will be protected by the copyright law,but its protection is not endless.The rational use system is an important basis for the balance between the copyright owners and users of the short video.Meanwhile,it also points out that the system has difficulties such as lag and unclear standards in practice.The third part refers to the constitution of tort liability in the civil law,That is,from the four aspects of subject,behavior,causality and subjective fault,Discuss the judgment of tort liability for short video,It points out that the identification of short video infringement should be based on the principle of fault liability,However,the infringement of the network platform should give more consideration to the no-fault liability and the principle of fault presumption;at the same time,By analyzing the constituent elements of short video infringement,Pointed out that the types of short video infringement are direct infringement and indirect infringement,Among them,direct infringement is the main type,Indirect infringement is mainly reflected in the infringement of network platforms,And pointed out that online platforms cannot be exempted from tort liability by invoking the "safe haven principle.",Online platforms should impose a higher duty of care,And strengthen the prior review.In the fourth part,through the analysis of the above several parts,the author will elaborate on the protection path of the short video in this part.That is to improve the identification standard of originality from the perspective of legislation,define the scope of reasonable use,and unify the path of judicial judgment.The fourth part on the basis of the above,to improve the path of the short video copyright protection put forward corresponding Suggestions,points out that should be from the standard of originality,clearly define the scope of reasonable use,establish unified judicial rules of perfecting the relevant legal supervision mechanism,at the same time by improving the duty of care,increase the intensity of infringement punishment,create effective reward mechanism,and create effective supervision mechanism,in order to fully protect the short video copyright.