Research On Copyright Protection Of Short Videos

As an emerging social interaction method,short videos smoothly occupy the fragmented time of internet users and are loved by different age groups.Meanwhile,the usage rate of short videos is climbing year by year,and has further expanded the audience since 2020.At the present stage,the theoretical circles tend to regard short videos as objects of regulation in order to prevent them from infringing on the copyright enjoyed by others,but ignore the fact that short videos can also become objects of infringement due to their originality.The marginalization of the protected status of short videos has intensified the current situation of short videos being infringed,and the root causes of infringement mainly include the controversy over the originality of short videos and the controversy over the attributes of short videos as works.The purpose of analyzing the originality of short videos is to establish the external protection path of copyright for short videos,and to clarify that short videos can have originality and can obtain broad copyright protection.Specifically,short videos should choose "the presence or absence of originality" as the basis for determining originality,adopt "a little spark" as its originality determination standard,and take the originality of material plot,originality of filming and originality of post-processing as its The originality of the material,the originality of the shooting,and the originality of the post-processing are the elements of the originality judgment.At the same time,the production process of short videos is deconstructed,and the second layer,i.e.,processing,is used as the basis for analyzing the originality of secondary creation short videos,so as to clarify that secondary creation short videos also have originality,and cannot be denied as original because of the use of other people’s works.The determination of the attributes of short video works is to establish the internal protection path of copyright for short videos,which is to distinguish and protect short videos according to their different degrees of originality on the premise that they can have originality,and the controversial point is how to determine short videos with originality but fail to meet the standard of "a little spark".Specifically,the copyright protection of short videos can be divided into three paths: first,short videos with creative expressions that are different from others are recognized as audiovisual works;second,short videos that cannot meet the standard of originality of audiovisual works can be recognized as audio-visual products if the production subject(unit but not individual)obtains the License for Production of Audio-visual Products or the License for Publication of Audio-visual Products;third,short videos that cannot meet the standard of originality of audiovisual works can be recognized as audio-visual products.Regardless of the level of originality,as long as there is human performance in the short video,the actors in the short video will enjoy performer’s rights.In short,for the consideration of the characteristics of short videos and the development of the industry,it is determined that the protection of short videos adopts the dual protection mode of copyright and neighboring rights.In addition,in order to curb the phenomenon of infringement of short videos,it is also necessary to be equipped with corresponding protection measures,such as the implementation of a punitive compensation system to increase the illegal cost of implementing infringing short videos;improve the principle of safe harbor,the validity of the notice is not transferred by the will of the short video platform,as long as it conforms to the legal provisions is a valid notice;determine the standard of performance of the duty of care;short video platform through the content filtering mechanism,guidance to users The use of blockchain technology can not only identify the rights holders of short videos and easily trace the dissemination path of infringed short videos,but also fix electronic evidence and solve the problem of difficult proof for short video rights holders.To sum up,the copyright protection path of short videos can be clarified and various supporting protection measures can be implemented,which can effectively curb the chaotic phenomenon of short videos being infringed,thus providing a high-quality legal environment and development space for short videos.