Viewpoint | Research Report on Copyright Protection of Network Short Drama and Short Video (Middle)
Published:
2024-09-09
This paper mainly introduces the current situation and challenges of copyright protection of network short drama and short video, including the lag of laws and regulations, various forms of infringement, high cost of rights protection and weak public awareness. The article also analyzes the current problems faced by copyright protection, such as the difficulty of identifying original content and the low cost of infringement, and puts forward suggestions for improving laws and regulations, such as clearly defining the scope of protection and increasing penalties. At the same time, the article emphasizes the importance of the implementation and supervision of administrative regulations, and puts forward some improvement measures such as strengthening supervision and improving audit efficiency. The article also looks forward to the future development trend of copyright protection, such as technology-driven protection innovation, continuous improvement of laws and regulations, and puts forward some suggestions for the development of the industry, such as strengthening the protection of original content and promoting technological innovation.
Abstract
This paper mainly introduces the current situation and challenges of copyright protection of network short drama and short video, including the lag of laws and regulations, various forms of infringement, high cost of rights protection and weak public awareness. The article also analyzes the current problems faced by copyright protection, such as the difficulty of identifying original content and the low cost of infringement, and puts forward suggestions for improving laws and regulations, such as clearly defining the scope of protection and increasing penalties. At the same time, the article emphasizes the importance of the implementation and supervision of administrative regulations, and puts forward some improvement measures such as strengthening supervision and improving audit efficiency. The article also looks forward to the future development trend of copyright protection, such as technology-driven protection innovation, continuous improvement of laws and regulations, and puts forward some suggestions for the development of the industry, such as strengthening the protection of original content and promoting technological innovation.
Chapter IV Impact of Administrative Rules on Copyright Protection
Introduction of relevant 1. administrative regulations
When discussing the issue of copyright protection and the responsibility boundary of Internet platform in China, it is necessary to analyze the specific implementation of relevant laws and regulations and their adaptability to the digital economic environment. As an important supplement to the copyright legal system, the regulations for the implementation of the copyright law provide detailed guidelines for the registration of copyright, the exercise of rights and the handling of infringement. Among them, the punishment mechanism for infringement is particularly critical, especially when the infringement damages the public interest at the same time, the department in charge of copyright has the right to order the infringement to stop and take a series of severe measures, including warning, confiscation of illegal income and infringing copies, and even fines. This series of regulations effectively deter potential infringers and safeguard the market order and the rights and interests of creators.
The promulgation of the Regulations on the Protection of the Right of Information Network Communication further clarifies the framework of copyright protection in the network environment. The regulations not only define the connotation and extension of the right of information network dissemination, but also refine the protection measures and legal responsibilities, and set a clear legal boundary for the behavior of Internet platforms in the process of content dissemination. In the face of massive network content, how to ensure the free flow of information and safeguard the legitimate rights and interests of creators has become a challenge that the Internet platform must face.
The "Regulations on the Administration of Internet Audiovisual Program Services" clarifies the qualification requirements, content review standards and copyright protection responsibilities of service providers for the specific field of Internet audiovisual program services. These regulations not only regulate market access, improve service quality, but also build a solid legal barrier for copyright protection. Today, when Internet audio-visual programs are increasingly becoming the main form of entertainment for the public, the implementation of these regulations is of great significance for promoting the prosperity of the cultural industry and protecting the rights and interests of consumers.
my country's copyright protection legal system has gradually established a relatively complete system. By refining legal provisions and clarifying the boundary of responsibility, it provides a strong legal protection for copyright owners, and also points out the direction for the standardized operation of Internet platforms. In the future, with the continuous development of the digital economy, the relevant legal system needs to be continuously improved to adapt to the challenges of new technologies and new formats, and to promote the high-quality integrated development of the cultural industry and the digital economy.
The Role of 2. Administrative Rules in Copyright Protection
In the current era of rapid digital development, short video as a new form of media, its copyright protection issues have become increasingly prominent. In order to effectively deal with this challenge, it is necessary to build a solid protection framework from multiple dimensions to ensure that the rights and interests of creators are fully respected and protected.
Clarify the ownership of rights and lay the cornerstone of protection.
The copyright ownership of short video is the first step in the protection work. In view of the transmission characteristics of short videos, it is often difficult for their producers to show their rights through traditional signature methods. Therefore, short video creators should be encouraged to use modern technology, such as watermarking and digital signatures, to clearly identify their rights and interests in the video. At the same time, improving the copyright registration system and providing official certification for short videos will not only facilitate the confirmation of rights, but also serve as strong evidence support in the event of infringement disputes. Through this series of measures, we can clearly define the ownership of rights and lay a solid foundation for the follow-up protection work.
Regulate market behavior and curb the source of infringement
As an important channel for short video transmission, the behavior of Internet audio-visual program service providers is directly related to the effect of copyright protection. It is necessary to strengthen the supervision of these market entities and require them to establish a strict review mechanism to ensure that the content disseminated does not infringe the copyright of others. Unauthorized uploading, copying, and modifying other people's short videos should be severely cracked down, and real-time monitoring and rapid processing should be carried out through technical means. Encourage the establishment of information sharing mechanisms between platforms, jointly build a good copyright protection environment, and curb the spread of infringement.
Strengthening Legal Support, Safeguarding Rights and Interests
In copyright infringement disputes, a sound legal system is an important guarantee for the rights of the right holders. We should constantly promote the renewal and improvement of the copyright legal system to make it more suitable for the development needs of the digital age. In view of the short video and other new forms of works, the specific provisions of copyright protection are clarified, and clear and clear legal guidance is provided for the right holders. At the same time, strengthen administrative law enforcement, implement rapid response and severe punishment to infringement, and form an effective deterrent effect. Through the authority and enforcement of the law, the legitimate rights and interests of short video creators are protected from infringement.
The copyright protection of short video needs to be comprehensively implemented from many aspects, such as clarifying the ownership of rights, regulating market behavior and strengthening legal support. Only by building a comprehensive and multi-level protection system can we effectively deal with the challenges of the digital age and promote the healthy development of the short video industry.
Problems and Challenges in the Implementation of 3. Administrative Regulations
In the current field of copyright protection, we are facing multiple challenges. These challenges are not only reflected in the rapid change of technological development, but also penetrate into all aspects of law enforcement, rights protection and public awareness. The problem of regulatory lag is becoming increasingly prominent. With the rapid development of network technology, especially the wide application of cloud computing, big data, artificial intelligence and other emerging technologies, profound changes have taken place in the transmission mode and infringement means of copyright. However, the formulation and revision of some administrative regulations failed to keep up with this pace in time, resulting in inadequate response to new types of infringements, which affected the timeliness and effectiveness of law enforcement.
The difficulty of law enforcement in the network environment has increased significantly. Due to the anonymity, concealment and cross-regional nature of cyberspace, copyright infringement is often difficult to be detected in time and effectively cracked down. Infringers can easily cross geographical boundaries and commit infringements, while rights holders are faced with problems such as difficulty in obtaining evidence and high cost of safeguarding rights. This not only brings great challenges to law enforcement departments, but also weakens the confidence and motivation of right holders to safeguard their rights.
Moreover, the cost of rights holders is high. Although administrative regulations provide legal weapons for right holders, in actual operation, right holders often need to invest a lot of manpower, material and financial resources to protect their rights, including investigation and evidence collection, hiring lawyers, participating in litigation and other links. This high cost of rights protection often discourages many rights holders, especially small and medium-sized enterprises and individual creators.
Lack of public awareness of copyright protection is also a major problem. In the eyes of some people, the value of intellectual property rights has not been fully recognized, and the infringement of other people's copyright has not attracted enough attention. This lack of awareness not only brings resistance to the implementation of administrative regulations, but also exacerbates the proliferation of copyright infringement. Therefore, it is an urgent problem to strengthen public education and enhance the understanding and respect of copyright protection in the whole society.
Chapter V Copyright Protection Practice of Network Short Drama and Short Video
1. Typical Case Analysis
With the rapid development of Internet technology, the adaptation and dissemination of network content has become an important part of the cultural industry. However, the issue of copyright protection in this field has become increasingly prominent and has become the focus of attention both inside and outside the industry. This report will analyze the current situation and challenges of copyright protection in the adaptation and dissemination of network content from three aspects: novel adaptation of short plays, short video platform management, and short video secondary creation.
In recent years, many popular novels have been adapted into online short dramas without authorization and publicly disseminated, which seriously violated the legitimate rights and interests of the original author. These cases not only involve the direct infringement of the right of adaptation, but also often accompanied by the abuse of the right of information network dissemination. When hearing such cases, the court clearly pointed out the principle that the adapted works must be clearly authorized by the original author, and in accordance with the relevant provisions of the Copyright Law, the infringer was judged to stop the infringement and compensate the original author for economic losses and reasonable expenses. This series of judgments not only protects the legitimate rights and interests of copyright owners, but also delineates a clear legal boundary for the healthy development of the online short drama industry.
With the rise of short video platforms, user-generated content (UGC) has become an important part of platform content. However, this also brings unprecedented challenges to the copyright management of the platform. Some short video platforms have been sued and jointly and severally liable by the right holders for failing to manage the uploaded infringing content in a timely and effective manner. This exposes the shortcomings of the short video platform in content audit, infringement monitoring and disposal mechanism. To this end, short video platforms should establish a more complete copyright protection system, including but not limited to key monitoring mechanisms, rapid response procedures, and strict penalties to ensure that there is no obvious infringement on the platform. At the same time, the platform also needs to strengthen communication and collaboration with technology providers, copyright owners and users to jointly create a healthy and orderly network environment.
As an important part of network culture, the copyright protection of short video secondary creation is also complex and changeable. Users edit, adapt and republish other people's short videos without permission, which can easily lead to infringement disputes. In such cases, courts often rely on the principle of "fair use. Specifically, the court will comprehensively consider the degree of originality of the secondary creation, whether it affects the normal use of the original work, and whether it harms the legitimate rights and interests of the copyright owner. If the second creation is only a slight modification or addition on the basis of the original work, and does not have a substantial impact on the market of the original work, it may constitute fair use; otherwise, it may constitute infringement. Therefore, short video creators should fully respect the legitimate rights and interests of the copyright owner of the original work and avoid touching the legal red line when making secondary creations.
The copyright protection of network content adaptation and dissemination is a complex and multidimensional issue. Whether it is a novel adaptation of a short play, short video platform management or short video secondary creation, it is necessary to seek balance and development within the legal framework. Only by strengthening the construction of laws and regulations, improving the ability of platform management and enhancing the public awareness of copyright protection, can we jointly promote the prosperity and development of the network culture industry.
Technical means of 2. copyright protection
In the current digital age, the rapid development of short video has greatly enriched people's cultural life, but it also brings severe challenges to copyright protection. In response to this challenge, a series of innovative technologies have emerged in the industry, aiming to strengthen the protection of short video copyright and ensure that the legitimate rights and interests of creators are effectively protected.
Deep Application of Digital Watermarking Technology
As a hidden and effective means of copyright protection, digital watermarking technology has shown great potential in the field of short video. The technology realizes the covert transmission and tracking of copyright information by embedding imperceptible digital information (I. e. watermark) in short video content. These watermarks not only record the original information of the work, but also serve as key evidence in copyright disputes, effectively preventing unauthorized copying and dissemination. With the continuous advancement of technology, the embedding and extraction process of digital watermarks has become more efficient and accurate, building a solid line of defense for the copyright protection of short videos.
Precision Strike of Content Recognition Technology
In the face of massive short video content, how to quickly and accurately identify and filter infringing works has become an urgent problem to be solved. Content recognition technology came into being, using advanced image recognition, audio recognition and other algorithms to upload short video for omni-directional, multi-angle comparison analysis. Once the content with high similarity to the existing copyright works is found, the system will immediately trigger the early warning mechanism and take corresponding measures to intervene. This technology not only improves the efficiency of copyright protection, but also greatly reduces the misjudgment rate, which provides strong support for the copyright management of short video platform.
Trust Building of Blockchain Technology
Blockchain technology has opened up a new path for short video copyright protection because of its non-tamperable and decentralized characteristics. By recording the copyright information of the short video on the blockchain, the instant storage and confirmation of the right of the work are realized, and the originality and ownership of the work are clearly traceable. In the process of rights protection, the records on the blockchain can be used as credible evidence support, which greatly enhances the credibility of copyright protection. Blockchain technology also provides a convenient and transparent platform for short video copyright transactions, and promotes the maximization of copyright value.
The innovative application of digital watermarking technology, content recognition technology and blockchain technology has jointly built an efficient, intelligent and comprehensive short video copyright protection system. The continuous development and improvement of these technologies will provide a strong guarantee for the healthy development of the short video industry, further stimulate the creative enthusiasm of creators, and promote the prosperity and development of the cultural industry.
3. industry self-discipline and cooperation mechanism
In the wave of the digital age, short video as a new form of content dissemination, its influence is increasing day by day, but it is also accompanied by severe challenges of copyright infringement. A number of recent cases have highlighted the importance and urgency of short video copyright protection, requiring us to analyze the current situation in depth and put forward effective coping strategies.
Strengthen the self-discipline specification of short video platform
Faced with the frequent situation of copyright infringement, short video platforms, as the main carriers and disseminators of content, need to take the initiative to assume the responsibility of copyright protection. This requires the platform to establish a sound copyright protection mechanism, including but not limited to the establishment of a dedicated copyright review team, the use of advanced technology such as AI identification, to strengthen the real-time monitoring and review of uploaded content, to ensure that infringing content can be quickly identified at the beginning of the release And delete. At the same time, the platform should formulate strict self-discipline norms, clarify the definition and punishment measures of infringement, and form an effective deterrent to infringement by means of publicity, warning and even titles. The platform should also establish a convenient channel for copyright complaints and rights protection, provide rapid response and effective support for original authors, and jointly create a good atmosphere of respecting originality and protecting copyright.
Play the Role of Copyright Collective Management Organization
Copyright collective management organizations play an indispensable role in the copyright protection system. They should give full play to the role of bridge, connect short video creators and rights holders, and provide one-stop services such as copyright registration, licensing, and rights protection. By simplifying the copyright registration process, reducing registration costs and encouraging more short video creators to actively apply for copyright protection. At the same time, an efficient copyright licensing mechanism should be established to promote legal authorization and content sharing and reduce the occurrence of unintentional infringement. In terms of rights protection, copyright collective management organizations should make full use of their professional advantages and resources to provide creators with all-round support such as legal consultation, evidence collection, and litigation agency, so as to reduce the cost of individual rights protection and improve the efficiency of rights protection. Strengthen cooperation with international copyright protection organizations, learn from international advanced experience, and improve the international level of short video copyright protection in my country.
Promote industry cooperation and information sharing
Short video copyright protection is a systematic project that requires the participation and collaboration of all parties in the industry chain. The short video industry should strengthen cooperation with relevant industry associations and copyright protection agencies, establish an information sharing mechanism, and realize the rapid transmission and linkage attack of infringement clues. Through regular organization of copyright protection seminars, training courses and other activities, to enhance the industry's awareness and ability of copyright protection. At the same time, strengthen communication and coordination with judicial organs, promote the establishment of fast rights protection channels and compensation mechanisms, and ensure that infringements are subject to timely and effective legal sanctions. We should also advocate a fair competition market environment, encourage enterprises to win the market through technological innovation and high-quality services, rather than seek benefits through improper means such as infringement and piracy, and jointly promote the healthy and sustainable development of the short video industry.
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