Research on Copyright Infringement Identification of Secondary Creation Short Videos

DOI: https://doi.org/10.62517/jel.202614309

Author(s)

Jiahui Sun

Affiliation(s)

Shanghai Normal University, No. 100 Guilin Road, Xuhui District, Shanghai, China

Abstract

Driven by mobile internet and digital communication technologies, short video secondary creation short videos have become a vital component of the online cultural ecosystem. Through editing, narration, remixing, and imitation techniques, these creations achieve content innovation and rapid dissemination, enriching public cultural expression channels. However, secondary creation of short videos 'adaptation of original content has triggered numerous copyright infringement disputes, presenting judicial challenges such as inconsistent originality criteria, ambiguous fair use boundaries, complex platform liability determinations, and fragmented infringement identification rules [1]. This study focuses on copyright infringement determination in short video secondary creation short videos. By integrating China's Copyright Law provisions and judicial practices, it defines the conceptual framework and classification system of secondary creation short videos, analyzes core infringement challenges, and examines practical controversies regarding originality assessment, fair use application, and platform accountability. Drawing on theoretical tools including transformative use theory, three-step test methodology, and four-factor analysis framework, the research proposes concrete solutions: establishing unified judicial standards, refining fair use regulations, restructuring platform duty of care, and improving authorization mechanisms. These measures aim to balance the interests of copyright holders, creators, platforms, and the public, achieving dynamic equilibrium between copyright protection, cultural innovation, and industrial development [4].

Keywords

Short Video; Secondary Creation Short Videos; Copyright Infringement; Originality; Fair Use; Platform Liability; Identification Dilemma; Liability Delineation; Governance Approaches

References

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