Study on Copyright Protection of Short Video Works

DOI: https://doi.org/10.62517/jnme.202410107

Author(s)

Fan Li*

Affiliation(s)

Law school, China Jiliang University, Hangzhou, Zhejiang, China *Corresponding Author.

Abstract

In recent years, with the rapid development of short video industry, the phenomenon of copyright infringement is also common. In order to solve the two prominent problems in the short video copyright infringement disputes, which are the unclear identification of short video works and the unclear demarcation of fair use, this paper analyzes the current situation of China's judicial practice from the perspective of short video copyright t protection and leads to the specific discussion of the above two issues. Then through the investigation of Chinese laws and regulations, combined with the analysis and reference of foreign related theories, it is clear that the short video has the possibility of constituting a work, and the originality of the short video should be based on the investigation of the short video itself, and the specific analysis should be made in combination with the representative elements of judgment. Secondly, it is clear that the determination of the fair use of the short video should be based on the specific circumstances stipulated in the Copyright Law and the "three-step test" as the criteria. At last, the paper puts forward the suggestion of introducing transitional use to further refine and extend the criteria of fair use. Through the discussion of this paper, we can protect the copyright of short video. It is helpful to reduce the copyright infringement disputes of short video and maintain the orderly and healthy development of the short video industry.

Keywords

Copyright Protection; Short Video; Originality; Fair Use; Three-step Test

References

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