Viewpoint | Research Report on Copyright Protection of Network Short Drama and Short Video (Part I)

When discussing the vigorous development of online short dramas and short videos under the current Internet environment, a topic that cannot be ignored is the challenges and coping strategies faced by its copyright protection. With the rapid development of Internet technology, network short dramas and short videos quickly occupy people's leisure time with their unique charm, and become an important carrier of cultural communication and entertainment consumption. However, under this wave, the issue of copyright protection has become increasingly prominent, which has become a key factor restricting the healthy development of the industry.

The rapid development of Internet technology promotes the change of content form

In recent years, with the continuous innovation of Internet technology, network short dramas and short videos have quickly won the favor of the majority of users because of their short and concise, diversified content and rapid dissemination. They not only enrich people's cultural and entertainment life, but also promote the profound change of content creation and communication mode. However, this change has also brought new challenges, especially in copyright protection. How to balance content innovation and copyright protection has become the focus of common attention inside and outside the industry.

The Highlights and Current Situation of Copyright Protection

With the popularity of online short dramas and short videos, the problem of copyright protection is becoming more and more serious. At present, there are a large number of infringements such as unauthorized use of other people's works, malicious plagiarism, and pirated remakes in the industry. These behaviors not only seriously damage the legitimate rights and interests of original authors, but also disrupt market order and hinder the healthy development of the industry. Especially for short videos, because of its relatively low production threshold and wide dissemination channels, it is more difficult to supervise and crack down on infringement. For example, some short video producers directly carry or adapt other people's works to upload to the platform without permission, which not only infringes the copyright of the original author, but also may mislead the audience and harm the public interest.

The Importance and Specific Measures of Laws, Regulations and Administrative Rules

In the face of the severe situation of copyright protection, perfect laws and regulations and administrative rules are particularly important. Clear ownership of rights is the basis of copyright protection. For online short dramas and short videos, their copyright ownership is often more complicated, involving creators, platform parties, investors and other subjects. Therefore, it is necessary to clarify the rights and obligations of each subject through laws and regulations to ensure clear ownership of rights. Regulating the use of behavior is the key to prevent infringement. Through the development of detailed use of norms, clear what constitutes infringement, as well as the legal liability after infringement, can effectively curb the occurrence of infringement. Strengthening the crackdown on infringement is also an important means of protecting copyright. Relevant departments should strengthen the supervision and punishment of infringement, increase the cost of infringement, and form an effective deterrent effect.

Recently, the China Network Audio-visual Program Service Association issued the "Proposal for Copyright Protection of Micro-short Drama", which puts forward specific proposals for copyright issues such as imitation plagiarism, cutting and handling, and pirated remakes in the micro-short drama industry, aiming to provide creators and practitioners with a healthy and beneficial creative environment and a fair and orderly competitive environment. This measure not only shows that the industry attaches great importance to copyright protection, but also provides useful ideas and directions for solving current problems. In the future, with the continuous improvement of laws and regulations and the gradual implementation of administrative rules and regulations, the copyright protection of online short dramas and short videos is expected to be effectively resolved, laying a solid foundation for the sustained and healthy development of the industry.

In the digital age, network short dramas and short videos, as new forms of cultural communication, have brought unprecedented challenges to copyright protection because of their fast creation and wide range. This study focuses on analyzing the current situation, problems and challenges of copyright protection of online short dramas and short videos, and discusses the effectiveness and improvement direction of relevant laws and regulations and administrative rules.

With the rapid development of network short dramas and short videos, the phenomenon of copyright infringement has become increasingly prominent. Specifically, the field of short plays is facing serious plagiarism problems, especially in script creation, frequent unauthorized direct copying or adaptation of other people's works, which seriously damages the rights and interests of the original creators. This phenomenon not only hinders innovation, but also disrupts the market order. At the same time, the forms of copyright infringement on short video platforms are more diverse, including but not limited to copyright disputes caused by the abuse of "AI face-changing" technology, and the act of re-creating, cutting and transporting other people's original works to different platforms to obtain traffic or commercial benefits. These infringements not only infringe the creator's copyright, but also may lead to unfair competition and damage the healthy development of the entire industry.

At present, the main problems faced by China's network short drama and short video field are:

1. The lag of laws and regulations: Although my country has established a relatively complete copyright legal system, the current laws and regulations still lag behind when facing the emerging field of online short dramas and short videos. Part of the tort is difficult to be clearly defined by the existing law, leading to difficulties in safeguarding rights.

2. High cost of rights protection: For the original creators of online short dramas and short videos, the cost of rights protection is often higher than the loss caused by infringement. This includes not only litigation costs, but also hidden costs such as time and energy, which makes many creators choose to swallow their anger in the face of infringement.

3, platform responsibility is not clear: at present, the role and responsibility of short video platform in copyright protection is not clear. Some platforms have deficiencies in content auditing and infringement handling, and have failed to effectively curb the occurrence of infringements.

The measures that can be taken to address these problems include:

1. Strengthen legislative research: In view of the particularity of the field of online short dramas and short videos, it is recommended to strengthen legislative research, formulate or revise relevant laws and regulations, clearly define the legal nature and responsibility subjects of various infringements, and provide a strong basis for law enforcement and justice.

2. Reduce the cost of rights protection: Explore the establishment of convenient rights protection channels and efficient dispute resolution mechanisms, such as setting up a special copyright rights protection platform, providing one-stop rights protection services, and reducing rights protection costs and time costs.

3. Strengthen the responsibility of the platform: clarify the responsibilities and obligations of the short video platform in copyright protection, require the platform to establish a sound content review mechanism, discover and deal with infringing content in a timely manner, and take measures such as restricting publication and blocking users with serious infringement.

4. Enhance public awareness: Through publicity and education activities, enhance the public's awareness and attention to copyright protection, and form a good social atmosphere.

5. Promote technological innovation: use advanced technologies such as blockchain and artificial intelligence to provide technical support for copyright protection, such as the establishment of a digital copyright registration system to realize the rapid confirmation and convenient inquiry of works.

6. Strengthen international cooperation: In view of the transnational communication characteristics of online short dramas and short videos, strengthen international cooperation and exchanges in copyright protection, and jointly deal with transnational infringement.

The current situation of copyright protection of online short dramas and short videos is complex and changeable. It requires the joint efforts of the government, platforms, creators and all sectors of society to build a healthy and orderly network by improving laws and regulations, strengthening platform responsibilities, and enhancing public awareness. Creative environment.

In the context of the current digital age, the rapid development of online short dramas and short videos, as new forms of cultural communication, not only enriches people's entertainment life, but also poses new challenges to copyright protection. Network short drama, as a short film and television work based on the Internet platform, its creation and dissemination methods are more flexible and diverse, but it also faces problems such as complex ownership of rights and difficult to define the use behavior. However, short video, as the main content form on social media and short video platforms, has the characteristics of low threshold and high dissemination, which makes infringement occur frequently, especially in the process of content creation, such as fragment citation and adaptation of existing works, which often leads to copyright disputes.

In terms of rights ownership, the creators of online short dramas and short videos are often not a single subject, and may involve multiple roles such as screenwriters, directors, actors, editors, and possible investors, platform parties and other stakeholders. This kind of diversified right subject structure makes the definition of the ownership of rights become particularly complicated when copyright disputes occur. At the same time, due to the anonymity and cross-regional nature of the network environment, the source tracking and evidence collection of infringement are also facing great difficulties.

In terms of usage behavior, online short dramas and short videos are spread in various ways, including direct upload, sharing, reprinting, adaptation and other forms. Among them, the production of short videos such as segment reference of long video content or "slice integration" is particularly interesting. Although this kind of behavior can meet the interactive needs of users, it may also constitute an infringement of the copyright of the original work. According to the current "Copyright Law", the original expression of the author should be protected, and the reproduction and use of the original work by the "cut integration" short video without authorization is likely to constitute an information network dissemination behavior., And then infringe the copyright of the original author.

In terms of infringement, with the popularity of online short dramas and short videos, infringement has become increasingly rampant. Some lawbreakers obtain and disseminate the works of others by means of embezzlement, tampering and handling in order to obtain illegal benefits. This behavior not only damages the legitimate rights and interests of the original author, but also disturbs the normal market order. For example, the frequent "face-changing" incidents in recent years are typical cases of using technical means to infringe on the portrait rights of others. In such incidents, the infringer uses other people's portrait videos without permission to "change faces" and use them for commercial promotion or profit, which seriously infringes on the right of portrait and reputation of the infringed.

The current situation of copyright protection of network short dramas and short videos is complex and severe. We need to conduct in-depth analysis and discussion from the aspects of right ownership, use behavior, infringement phenomenon, etc., in order to formulate a more scientific and reasonable protection strategy. In this process, the improvement of laws and regulations, the improvement of technical means and the strengthening of supervision will be an indispensable important link. Kill

With the vigorous development of digital content, network short drama and short video, as two important branches, are reshaping the pattern of content consumption market at an unprecedented speed. Although the two are different in form, they jointly promote the diversified and refined development of Internet entertainment content.

Analysis on the Rise and Characteristics of Network Short Drama

With its unique charm, the network short drama quickly occupies a place on the network platform. Its short and concise duration design (usually between 15 and 30 minutes per episode) not only meets the fragmented entertainment needs of modern people in the fast-paced life, but also ensures the compactness and attractiveness of the content. Vertical screen shooting has become another prominent feature. This shooting method not only adapts to the viewing habits of mobile devices, but also brings a novel experience to users visually. The communication channel of network short drama mainly depends on the network platform. This decentralized communication mode breaks the broadcasting restriction of traditional TV series, allowing the audience to enjoy the ups and downs of the plot anytime and anywhere. The network short drama also makes full use of the interactive advantages of the network platform. Through the functions of comments and barrage, it enhances the instant feedback and communication between the audience and the creator, and further enhances the sense of participation and resonance of the content.

It is worth noting that with the rapid development of the industry, the quality of online short plays is also constantly improving. In recent years, a series of well-produced and content-rich online short dramas have emerged one after another, which not only enriches the network cultural ecology, but also brings considerable benefits to creators and platforms. However, at the same time, copyright issues have gradually become a key factor restricting the healthy development of the industry. For example, some creators reported that their short videos were used by a technology company without permission, which infringed on the information network dissemination rights of their works. This requires the industry to establish a sound copyright protection mechanism to protect the legitimate rights and interests of creators.

The Prosperity and Challenges of Short Videos

As another popular form of content, short video has quickly become an important part of Internet content consumption due to its low production cost and high transmission speed. Short video platforms such as Douyin and Kuaishou not only provide users with rich entertainment content, but also become a stage for many creators to show their talents and realize their value. The rich diversity of short video content covers many fields such as funny, life, food, tourism, etc., and meets the personalized needs of different users. The short video platform also realizes the accurate push of content through the algorithm recommend and other technical means, which improves the user's viewing experience and satisfaction.

However, there are many challenges behind the prosperity of the short video industry. Some short video content has problems such as vulgarity and homogenization, which affect the overall image and user experience of the industry; with the increasing saturation of the short video market, the competition is becoming more and more fierce, and how to stand out among many content has become a major problem for creators. Similar problems in the consumption of middle-aged and elderly short dramas (such as induced consumption, automatic renewal, difficulty in refunds, etc.) also occur from time to time, bringing unnecessary troubles to consumers, and there is an urgent need to strengthen self-discipline and supervision within the industry.

Industry Trends and Outlook

Looking to the future, the network short drama and short video industry will continue to maintain a rapid development trend. With the advancement of technology and the changing needs of consumers, the industry will undergo a deeper reshuffle and integration. The creation of high-quality content and copyright protection will become the core driving force for the development of the industry; the platform will pay more attention to the improvement of user experience and interactivity to attract and retain more users. At the same time, with the introduction of new regulations for short dramas and the self-examination of short video platforms, the industry will gradually move towards a high-quality and standardized development stage, and promote the entire industry to a higher level.

As an important part of Internet content consumption, online short dramas and short videos are leading the future development of the industry with their unique charm and unlimited potential. Faced with the coexistence of opportunities and challenges, the industry needs to strengthen cooperation and innovation to jointly promote the healthy and sustainable development of the industry.

Driven by the wave of the digital age, the online short drama and short video industry is booming at an unprecedented speed and has become an important force in the field of culture and entertainment. With the continuous innovation of network technology and the continuous change of user consumption habits, this industry has shown huge market potential and broad development space.

The market size continues to grow, and the blue ocean market appears.

In recent years, the market size of online short dramas and short videos has shown explosive growth. According to authoritative data, the scale of China's micro-drama market has climbed to 37.39 billion billion yuan in 2023, with a year-on-year growth rate of 267.65 percent. This data not only highlights the strong development momentum of the industry, but also indicates the huge potential of the future market. It is estimated that by 2027, the scale of China's online short drama market will break through the 100 billion mark, further consolidating its important position in the cultural and entertainment industry. Behind this trend is the rapid progress of Internet technology, the popularization of mobile Internet and the formation of fragmented consumption habits of users, which have jointly promoted the rapid growth of the network short drama and short video industry.

Content quality continues to improve to meet diverse needs

While the market size continues to expand, the content quality of online short dramas and short videos is also steadily improving. The creators keep up with the market trend, constantly innovate the content form, and strive to bring more rich, diversified and high-quality audio-visual experience to the audience. The platform improves the overall quality of content by strengthening content review and optimizing recommend algorithms, while creators pay more attention to the construction of storylines, the improvement of picture quality and the polishing of actors' performance to attract and retain audiences. As a result of this two-way effort, the content ecology of the online short drama and short video industry has become increasingly rich, meeting the needs of users of different ages and interests.

Platform competition intensifies, innovation drives development

With the expansion of the market scale and the rich and diverse content, the competition between online short dramas and short video platforms is becoming increasingly fierce. In order to stand out in the fierce market competition, major platforms have increased investment to improve user experience and service quality through technological innovation and model innovation. Through the introduction of advanced AI technology, big data analysis and other means, the platform realizes the accurate push and personalized recommend of content; the platform also actively explores cross-border cooperation with cultural tourism, education and other industries to expand new profit space. Some platforms also stimulate the creative enthusiasm of creators and promote the sustainable and healthy development of the industry by holding short video competitions and supporting original authors.

Business model innovation, profit channels diversification

In terms of business models, the online short drama and short video industries are also constantly exploring and innovating. In addition to traditional advertising revenue, the platform also achieves profitability through various methods such as member payment, content payment, and e-commerce delivery. Among them, member payment and content payment have become new growth points in the industry, providing users with a more personalized and high-quality viewing experience, while e-commerce goods bring considerable sales to businesses through the intuitive display and drainage effect of short videos. Some platforms are also actively trying to cooperate with offline merchants to broaden profit channels and achieve win-win development through the combination of online and offline.

The online short drama and short video industry is in a stage of rapid development, with significant characteristics such as continuous growth of market scale, continuous improvement of content quality, intensified platform competition and continuous innovation of business model. In the future, with the continuous progress of technology and the further maturity of the market, this industry is expected to achieve a broader development prospects.

In today's digital age, online short dramas and short videos, as new media forms, are sweeping the global entertainment market at an unprecedented speed. Its unique characteristics of fragmented communication meet the needs of modern fast-paced life and become an important choice for public leisure and entertainment. With the continuous progress of technology and the continuous expansion of the market, the network short drama and short video industry show strong development potential and broad market prospects.

User demand continues to grow

With the popularization of mobile Internet and the wide application of intelligent terminal devices, users' consumption habits of network content have undergone profound changes. High-quality and diversified online short dramas and short video content can not only meet the fragmented time use needs of users, but also provide emotional resonance and entertainment relaxation in the fast-paced life. This trend directly promotes the continuous innovation and enrichment of industry content, from emotional dramas, suspense dramas to popular science education, life vlog, all kinds of themes, to meet the different age groups, interest preferences of user groups. With the continuous growth of user demand, the market for online short dramas and short videos will continue to expand, injecting continuous vitality into the industry.

Increased policy support

The relevant departments of the state attach great importance to the healthy development of the network short drama and short video industry. Through the introduction of a series of policy documents, it provides a strong guarantee for the standardized management and innovative development of the industry. From strengthening content supervision and promoting creative prosperity, to promoting technological innovation and optimizing the business environment, every policy measure aims to build a healthy, orderly and sustainable market environment. Especially in recent years, for the creation, production and content review of online short dramas, the competent authorities have continuously refined management standards, strengthened special rectification work, and effectively improved the overall quality of the industry. The implementation of these policies not only regulates the market order, but also provides a good soil for the creation and dissemination of high-quality content.

Technological innovation drives development

Technological innovation is an important driving force to promote the development of network short drama and short video industry. With the continuous maturity and application of cutting-edge technologies such as artificial intelligence, big data, and cloud computing, the production process, transmission methods and profit models of online short dramas and short videos have undergone profound changes. For example, AI script creation technology can realize the rapid generation and optimization of scripts and improve the efficiency and quality of creation. Big data analysis can accurately locate user needs and realize personalized recommend and distribution of content. The popularization and application of 5G technology further improves the transmission speed and clarity of video content, and brings users a more immersive viewing experience. These technological innovations not only enrich the industry ecology, but also lay a solid technical foundation for the sustainable development of the industry.

The trend of cross-border integration is obvious

The network short drama and short video industry will pay more attention to cross-border integration and collaborative development. Through the deep integration with cultural tourism, education, e-commerce and other industries, we can realize resource sharing and complementary advantages, and expand the development space of the industry. For example, the creation of characteristic short plays in combination with local cultural and tourism resources can not only show the charm of regional culture, but also drive tourism consumption; combine short videos with educational content to innovate educational models and learning methods; and use short video platforms to build live e-commerce scenes to realize traffic realization and commercial transformation. These cross-border integration practices not only enrich the content form and business model of online short dramas and short videos, but also provide a new path for the transformation and upgrading of related industries.

The online short drama and short video industry is in a golden period of rapid development. Under the combined effect of multiple factors such as continuous growth of user demand, increased policy support, technological innovation to promote development, and obvious trend of cross-border integration, the industry has broad prospects and full of opportunities. In the future, with the continuous advancement of technology and the continuous expansion of the market, online short dramas and short videos will become more important entertainment and cultural communication carriers, contributing new forces to economic and social development.

In recent years, with the increasing awareness of intellectual property protection, countries are constantly improving their own copyright legal system. The international copyright legal system, with the Berne Convention and the Universal Copyright Convention as the core, provides an international framework for copyright protection for all countries, including the principle of automatic protection, the principle of national treatment and the minimum protection standard. The establishment of these principles has laid a solid foundation for copyright protection worldwide.

On this basis, China has built a relatively perfect legal system of copyright protection based on the the People's Republic of China Copyright Law and the Regulations on the Implementation of the Copyright Law, the Regulations on the Protection of the Right of Information Network Communication and other administrative regulations and departmental rules. The system clearly defines the core elements of copyright, such as subject, object, content, restriction of rights and tort liability, and further strengthens the protection of domestic intellectual property rights.

At the same time, foreign countries also have their own characteristics in copyright protection. Take the United States and the European Union as examples. On the basis of international conventions, they have formulated targeted legal systems according to their respective national conditions. The "fair use" system in the United States plays an important role in balancing copyright owners and the public interest, while the "digital single market" strategy of the European Union conforms to the development trend of the digital age and provides a new way of thinking for copyright protection in the network environment.

With the rapid development of Internet technology, online short dramas and short videos have become important carriers of cultural communication in the digital age. The richness of their content and the universality of their dissemination pose new challenges to copyright protection. This report will analyze the current copyright protection status of online short dramas and short videos from four aspects: the definition of work attributes, the content of rights, the restriction of rights and the responsibility of the platform.

Under the framework of copyright law, the characterization of network short dramas and short videos is the premise of obtaining legal protection. According to Article 3 of the Copyright Law, works refer to intellectual achievements that are original in the fields of literature, art and science and can be expressed in a certain form. Network short dramas and short videos, if their creation process reflects the author's unique ideas and creative work in the selection of materials, shooting angles, expression techniques and picture arrangement, should be recognized as audio-visual works or film-like works, thus being fully protected by the copyright law. This qualitative standard not only requires that the work must be independently created by the author, but also emphasizes its novelty and creativity in expression. In the cases currently available for retrieval, the court is based on this principle and recognizes original short videos as audiovisual works, which reflects the importance of judicial practice on the copyright protection of online short dramas and short videos.

Copyright owners have a number of rights including the right of publication, the right of authorship, the right of modification, the right to protect the integrity of the work, the right of reproduction, the right of distribution, and the right of information network dissemination. The granting of these rights aims to ensure that copyright owners can effectively control the dissemination and use of their works and safeguard their legitimate rights and interests. Specifically, the right of information network dissemination, as a particularly critical right in the digital age, gives copyright owners the right to control the dissemination of their works on the Internet. Therefore, any unauthorized uploading of online skits and short videos to online platforms for public viewing, downloading or sharing may constitute a violation of the right to disseminate information on the Internet.

In order to balance the interests of copyright owners, disseminators and the public, the copyright law also sets up a system of rights restrictions such as fair use and legal license. In the field of network short drama and short video, these systems also apply. For example, appropriate references to online skits and short videos for the purpose of introducing, commenting on a work or illustrating an issue may constitute fair use without the permission of the copyright owner. However, it should be noted that the boundary of reasonable use is relatively vague, and it is necessary to judge according to the specific situation in actual operation to avoid abusing the right restriction system to infringe upon the legitimate rights and interests of copyright owners.

As an important channel of network short drama and short video transmission, the responsibility of network platform can not be ignored. Regulations such as the "Regulations on the Protection of the Right of Information Network Dissemination" require online platforms to take technical measures to prevent infringement when providing relevant services, and to delete the infringing content in a timely manner after receiving the notice of infringement (safe haven principle). The purpose of this provision is to urge online platforms to actively fulfill their copyright protection obligations and maintain a healthy and orderly network environment. However, in practice, some network platforms fail to effectively fulfill this responsibility due to weak supervision or commercial interests, resulting in frequent infringement. Therefore, it is of great significance to strengthen the supervision of platform responsibility and improve the awareness of platform copyright protection for building a good network copyright ecology.

The copyright protection of online short dramas and short videos is a complex and important issue, which requires the joint efforts of law, technology, and market. By clarifying the attributes of works, improving the content of rights, reasonably setting rights restrictions and strengthening platform responsibilities, we can better protect the legitimate rights and interests of copyright owners and promote the prosperity and development of the online short drama and short video industry.

In the context of the current digital age, the creation and dissemination of short video content has become an important part of the cultural industry, but it is also accompanied by increasingly complex copyright infringement issues. These problems not only harm the legitimate rights and interests of creators, but also hinder the healthy development of the industry. The following is a detailed analysis of the current situation and legal liability of short video copyright protection.

For short video copyright infringement, the first is the investigation of civil liability. When the fact of infringement is established, the infringing party shall bear multiple responsibilities including stopping the infringement, eliminating the influence, apologizing and compensating for the loss. The calculation method of compensation loss is flexible and varied, which can be determined according to the actual loss of the right holder, and if the actual loss is difficult to calculate, the illegal income of the infringer can be referred. When it is impossible to determine the two, the court will, in accordance with the provisions of the law, comprehensively consider the type of work, the nature and consequences of the infringement and other factors, and determine the amount of compensation. This mechanism effectively protects the economic interests of creators and prevents further damage caused by infringement.

In addition to civil liability, administrative liability is also an important means to combat short video copyright infringement. After discovering the infringement, the copyright administrative department may impose administrative penalties on the infringer in accordance with the law, including ordering to stop the infringement, confiscating illegal income, destroying infringing copies, and imposing fines. These administrative measures are not only rapid and effective, but also form a strong deterrent to potential infringers and further purify the market environment.

For the short video copyright infringement with serious circumstances and bad influence, the law also stipulates the corresponding criminal liability. For example, the crime of copyright infringement and the crime of selling infringing copies all belong to the scope of criminal law adjustment. These regulations not only reflect the country's determination to protect intellectual property rights, but also provide a solid legal guarantee for maintaining a good legal order and social fairness and justice.

In view of the particularity of short video copyright infringement in the network environment, relevant laws and regulations have also introduced special provisions such as the "safe haven" principle, the "red flag" principle, and the copyright warning letter. These provisions aim to balance the interests of network service providers and right holders, encourage both parties to resolve disputes through consultation and cooperation, and avoid unnecessary legal proceedings. At the same time, network service providers are also required to strengthen copyright management, establish an effective filtering mechanism, discover and deal with infringing content in a timely manner, so as to maintain a healthy and orderly network environment. Industry associations also actively participate in copyright protection work. For example, the "Proposal for Copyright Protection of Micro-short Drama" issued by the China Network Audiovisual Program Service Association is a positive response to current industry problems, aiming to jointly improve the level of copyright protection through industry self-discipline and collaboration.