Reserch On The Decision Method Of Short Video Material Similarity

Since 2016,the number of short video users has reached a staggering 962 million,and various infringement problems will come along with it,which has seriously hindered the development of the short video industry.Therefore,this paper addresses the development of short videos and the judicial status of the substantial similarity determination method,conducts research on the substantial similarity determination method of short videos and gives its own suggestions,so as to provide judges with a more reasonable determination method in the judicial adjudication of short video infringement cases.First of all,this article combines judicial practice cases and argues that the courts basically use a combination of the overall view-and-feel method and the abstract separation method to determine substantial similarity in short video infringement cases.The application of the typology of the short video substantial similarity determination method is not obvious enough,and there is no idea of classification determination,and the application of the overall view-and-feel method is not judged from the perspective of the general audience with subjective standards.The main reasons for the above problems are: the lack of specific statutory guidance on the method of determining substantial similarity of short videos,the greater discretion of judges,the more complex nature of short videos themselves and the lack of guidance cases.Secondly,an empirical analysis of the current situation,problems and reasons of the method of determining substantial similarity of short videos is inseparable from the support of theoretical foundation.The theory of originality belongs to the primary issue of judging substantial similarity,i.e.whether the right video is a work or not,and this paper believes that the requirement of originality for short videos should not be too high.The connotation and role of the dichotomy of thought and expression is considered to be a principle of value judgment,and it is not appropriate to use it alone in the application of the abstract separation method.For the determination method of substantial similarity,the overall view method and the abstract separation method are generally applicable.Finally,it is recommended that judges apply a typological analysis in deciding specific cases: for short video infringement cases,for original short videos,the overall view-and-feel method is suitable,supplemented by the abstract test method.For second-tier short videos,such as clips and commentaries,the abstract test method is the main method of determining substantial similarity,supplemented by the overall view-and-feel method;it is suggested that the court may add the perspective of the general audience to the use of the overall view-and-feel method,i.e.introduce online social surveys;introduce the market analysis method as a consideration angle in determining the substantial similarity of short videos;and regulate the discretionary power of judges in trials.The court should also provide guidance on the discretionary power of judges in trials.This paper presents an empirical analysis of a series of judicial cases on the judicial status of the method of determining substantial similarity of short videos and the latest cases,and provides judges with a more scientific and reasonable method of determining short video infringement cases,which has certain practical significance.