中国短视频侵害信息网络传播权的认定问题研究

Abstract

With the popularization of the Internet and smartphones, the media form of short video has become popular in China in recent years and has grown exponentially. According to data from the Cyberspace Administration of China, the total number of disputes involving short video copyright is large, and related disputes have the potential to enter litigation, resulting in a gradual increase in the number of cases involving short video copyright. This article selects four typical cases released by the Beijing Internet Court, analyzes the factual relationship and the judge's judgment and reasoning, and discusses the problems existing in the trial of short video infringement on the right to disseminate online. The second part of the article first describes the legal provisions and legal principles related to short videos and infringement of information network communication rights, and respectively explains works, copyrights and short video copyrights, information networks, information network communication rights, infringement of information network communication rights, and network copyright information. Disclosure, reasonable use of copyright, right of reproduction and right of information network dissemination, jurisdiction; Part III categorization describes original video with goods, video clips, unauthorized uploading of songs for users to make short videos, business model and network service provision This paper analyzes the legal basis, advantage and disadvantage of the judgment, and analyzes the legal basis, advantages and disadvantages of the judgment. Part IV proposes the identification of similar works, fair use, the identification of secondary creation of short videos, and the current situation of short video development and China's trial status. Six improvement opinions, including fault identification of network service providers, disclosure of online copyright information, compensation amount and punitive damages; Part V summarizes the full text. The proliferation of short videos infringing the right to disseminate information on the Internet not only damages the legal rights of copyright owners, but also affects the long-term development of the short video industry. We should actively suppress and stop this kind of behavior in trial practice and strive to reduce infringement from the source. The occurrence of behaviors promotes the healthy and orderly development of the short video industry.