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


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 VI Problems and Suggestions for Improvement

 

Current Problems of Copyright Protection in 1.

 

With the rapid development of network technology, network short drama and short video industry rise rapidly and become an important part of digital culture consumption. However, behind the prosperity, the issue of copyright protection has become increasingly prominent and has become a key factor restricting the healthy development of the industry.

 

Laws and regulations lag: difficult to adapt to the rapid changes in the industry

 

With the explosive growth of network short drama and short video content and the continuous innovation of creative forms, the existing copyright laws and regulations are in short supply. Emerging network communication methods and technical means make the definition of copyright complicated. For example, the copyright ownership of AI-generated content is not yet clear. The rapidly changing industry environment requires laws and regulations to respond quickly, but the actual situation is that legislation lags behind practice, resulting in some infringements. It is difficult to get timely and effective legal regulation. This kind of legal blank or fuzzy zone provides opportunities for criminals and aggravates the chaos of copyright infringement.

 

Various forms of infringement: challenging the mechanism of copyright protection

 

The infringement of network short drama and short video has various forms and hidden means, which brings great challenges to copyright protection. In addition to the traditional unauthorized reprinting and embezzlement of original content, there are also new infringement methods such as malicious editing and tampering, AI face changing, and two creation/strip cutting and transportation to other platforms. These infringements not only damage the legitimate rights and interests of the original, but also disrupt the market order and hinder the healthy development of the industry. For example, in the "some Yan" applet operated by a technology company, AI technology is used to generate the "one-click face-changing antique Chinese clothing" section, in which some template materials displayed directly embezzle short video content from other platforms. this behavior not only infringes the copyright of the original author, but also misleads users and causes adverse effects.

 

High cost of rights protection: restricting the enthusiasm of rights holders

 

In the process of copyright protection, copyright owners are often faced with problems such as difficulty in proof, long cycle and low compensation, resulting in high cost of rights protection. Due to the complexity and anonymity of the network environment, it is difficult for copyright owners to collect sufficient evidence of infringement; even if they successfully defend their rights, the compensation they receive is often difficult to make up for the losses they suffer from infringement. This phenomenon of "winning the lawsuit and losing money" has greatly dampened the enthusiasm of copyright owners to protect their rights, and has allowed many infringements to go unpunished. The high cost of litigation and long judicial procedures have also discouraged many small and medium-sized creators, further aggravating the dilemma of copyright protection.

 

Weak public awareness: lack of respect for the original atmosphere

 

Some netizens have a weak awareness of copyright protection and lack the awareness of respecting originality and protecting copyright. In cyberspace, reprinting and sharing short videos at will has become a common phenomenon. Many people think that this is just a simple sharing behavior and does not constitute infringement. This wrong understanding not only harms the interests of the original creators, but also destroys the health and balance of the network ecology. Therefore, it is an urgent problem to improve the public's awareness of copyright protection and create a good creative environment.

Copyright protection in the online short drama and short video industry faces multiple challenges such as lagging laws and regulations, various forms of infringement, high cost of rights protection and weak public awareness. To effectively respond to these challenges, the government, enterprises, and all sectors of society need to work together to strengthen the construction of laws and regulations, improve technical means, reduce the cost of rights protection, strengthen publicity and education, and jointly promote the healthy development of the online short drama and short video industry.

 

Suggestions on Perfecting 2. Laws and Regulations

 

When discussing the current copyright protection in the field of online short dramas and short videos, we must first clarify its particularity and the definition of the scope of protection. Network short dramas and short videos occupy an important position in the digital age because of their short and pithy and rapid dissemination, but they also face complex and changeable copyright challenges. These challenges include, but are not limited to, the definition of original content, the boundaries of fair use of adapted works, and the distribution of rights and interests in deductive works. Clarifying the scope of these protections is not only a respect for the hard work of creators, but also a cornerstone for promoting the healthy and orderly development of the entire industry.

In order to effectively deal with violations, it is particularly important to increase penalties. At present, torts are common in the network environment, and there are various means, such as plagiarism, erchuang handling, e-commerce platform sales, etc., which seriously damage the legitimate rights and interests of the original creators. Therefore, increasing the illegal cost of infringement, through severe measures such as fines, confiscation of illegal income, and even revocation of relevant licenses, can form a strong legal deterrent and effectively curb the occurrence of infringement. At the same time, this can also send a clear signal to the society: to protect intellectual property rights, everyone is responsible, and violations of the law must be investigated.

Simplifying rights protection procedures and reducing the cost of rights protection is a key part of improving the efficiency of copyright protection. Traditional rights protection procedures are often cumbersome, complex and costly, making many creators prohibitive in the face of infringement. Therefore, optimizing rights protection procedures and providing convenient and efficient ways to protect rights, such as establishing a rapid response mechanism, setting up a special rights protection fund, and promoting online rights protection platforms, can greatly stimulate the enthusiasm of creators to protect their rights and ensure that their legitimate rights and interests are protected in a timely and effective manner.

It is of great significance to strengthen international cooperation and learn from international advanced experience for improving the legal system of copyright protection of network short dramas and short videos in China. In the context of globalization, the transnational flow of intellectual property rights has become increasingly frequent. Strengthening cooperation and exchanges with the international community will help us better understand and respond to international intellectual property rules, and enhance my country's copyright protection in online short dramas and short videos. International competitiveness. By sharing experience and jointly combating transnational infringement, we can build a more fair, just and efficient international intellectual property protection environment.

Regarding the copyright protection of online short dramas and short videos, we need to increase penalties, simplify rights protection procedures, and strengthen international cooperation on the basis of clarifying the scope of protection, so as to comprehensively improve the level of copyright protection and promote the prosperity and development of the cultural industry.

 

Suggestions on the Implementation and Supervision of 3. Administrative Regulations

 

When discussing the healthy development path of the current network micro-drama and short video industry, it is particularly important to strengthen all-round and multi-dimensional supervision and protection measures. This is not only related to the purification of content ecology, but also directly affects the sustainable development of the industry and the orientation of social culture. Here's an in-depth look at the key strategies in this area:

 

Strengthen supervision and build a solid line of defense

 

In view of the supervision of network micro drama and short video, it is necessary to establish and improve the systematic supervision mechanism and clarify the responsibility boundary of each subject. The State Administration of Radio and Television has taken the lead in launching a special rectification of online micro-dramas, cleaning up a large number of vulgar content, and grading and disposing of illegal accounts and small programs. This measure has effectively curbed the spread of bad content. On this basis, we should further strengthen the supervision responsibility of the platform side, and require it to establish a sound content audit mechanism to ensure that the online content meets the requirements of social public order and good customs and laws and regulations. At the same time, strengthen the supervision of content creators, advertisers and other subjects, form a whole chain, no dead angle supervision system, and build a solid defense line for the healthy development of the industry.

 

Optimize audit process, improve efficiency and quality

 

In the face of massive content uploads, how to quickly and accurately identify and deal with infringing or illegal content has become a major challenge for the industry. Therefore, it is imperative to optimize the content audit process, introduce intelligent audit technology, and improve audit efficiency and quality. Preliminary screening of video content through artificial intelligence algorithms, supplemented by manual review, can greatly improve audit efficiency, reduce manual pressure, and ensure the accuracy of audit results. A rapid response mechanism should also be established, and immediate measures should be taken to delete or remove the content that is confirmed to violate the regulations, so as to curb the spread of bad content in a timely manner and protect the legitimate rights and interests of original authors.

 

Establish a complaint reporting mechanism to stimulate public participation enthusiasm

 

In order to create a clearer cyberspace, it is essential to establish a sound complaint reporting mechanism. This mechanism should be open to the whole society, encourage the public to actively participate in copyright protection, and report and complain about infringements discovered. The platform side should set up a special complaint reporting channel to ensure that the complaint information can be transmitted to the relevant departments in a timely and accurate manner, and make the handling results public and accept social supervision. Through this mechanism, we can further stimulate the public's attention and enthusiasm for copyright protection, form a good atmosphere for the participation of the whole society, and jointly maintain the healthy development of the network micro drama and short video industry.

 

Deepening publicity and education to enhance public awareness of copyright

 

Strengthening publicity and education on copyright protection is the key to enhancing public copyright awareness and creating a good social trend of respecting originality and protecting copyright. Industry authorities, platform parties and all sectors of society should work together to carry out various forms of publicity and education activities through a combination of online and offline methods. For example, use the network platform to carry out copyright knowledge lectures, case analysis, legal consultation and other activities; set up publicity columns and broadcast publicity videos in public places; organize experts and scholars to go to schools, communities, and enterprises to popularize copyright knowledge. Through these activities, the public's awareness and awareness of copyright protection will be raised, the consciousness of respecting originality and rejecting infringement will be enhanced, and a solid mass foundation will be laid for the healthy development of the industry.

 

Chapter 7 Conclusion and Prospect

 

Summary of 1. research conclusions

 

With the vigorous development of digital media, online short dramas and short videos have become important carriers of cultural communication, and their creative vitality and communication speed have reached unprecedented heights. However, behind this prosperous scene, the issue of copyright protection has become increasingly prominent and has become one of the key factors restricting the healthy development of the industry.

At present, the copyright protection of network short drama and short video is facing unprecedented challenges. The massive growth of original content makes it particularly difficult to identify and monitor, especially in the context of rapid technological changes, infringement can often spread rapidly and is difficult to track. Problems such as low infringement costs and long rights protection cycles have also severely weakened the original authors' willingness to protect their rights, causing some creators to lose confidence in copyright protection, which in turn affects the innovation vitality of the entire industry. The copyright of short dramas is frequently embezzled and infringed, and piracy is rampant. Cyberspace has become a flood area of copyright infringement. This phenomenon fully reflects the seriousness of the current situation of copyright protection.

In the field of network short drama and short video, the phenomenon of infringement shows diversified characteristics. Among them, unauthorized use of other people's works is one of the most common forms of infringement. In order to attract traffic and gain benefits, some platforms or individuals do not hesitate to infringe the copyright of others and upload other people's original works directly to the network platform for people to watch or download. Malicious tampering with other people's works and circumventing copyright protection through technical means also occur from time to time. These behaviors not only damage the legitimate rights and interests of original authors, but also destroy the fair competition environment of the industry and hinder the healthy development of the industry.

In the process of dealing with the challenge of copyright protection of network short dramas and short videos, the applicability of laws and regulations has become the key. At present, the Copyright Law and its related laws and regulations have established a relatively complete legal system for the copyright protection of online short dramas and short videos, providing strong support for copyright protection. However, with the continuous development of technology and the rapid change of the industry, the lag of some legal provisions gradually appears. Therefore, it is necessary to sort out and analyze the existing laws and regulations, and timely revise and improve the relevant provisions in view of the development characteristics of new technologies and new formats, so as to improve the applicability and foresight of laws and regulations. At the same time, we should strengthen law enforcement, increase the cost of infringement, reduce the difficulty of safeguarding rights, and provide more solid legal protection for original authors.

The copyright protection of online short dramas and short videos is a complex and long-term process, which requires the joint efforts of the government, industry associations, platform enterprises and original authors. Only by continuously improving laws and regulations, strengthening law enforcement, and raising public copyright awareness can we create a good legal environment and social atmosphere for the healthy development of online short dramas and short videos.

 

Future Development Trend of 2. Copyright Protection

 

In the current digital age, the rapid development of online short drama and short video industry provides a broad display platform for content creators, but also brings unprecedented challenges to copyright protection. With the iteration of technology and the improvement of law, the copyright protection mechanism in this field is gradually building a stronger line of defense.

Technological innovation is an important driving force to strengthen copyright protection. With the increasing maturity of artificial intelligence and blockchain technology, their application prospects in the field of copyright protection are becoming more and more broad. Through deep learning and other algorithms, artificial intelligence can efficiently identify original content, greatly improve the accuracy and efficiency of infringement detection, and provide immediate and effective protection for copyright owners. Blockchain technology, with its decentralized and untamperable characteristics, provides a reliable solution for the confirmation, storage and tracking of original works. The application of these technologies not only reduces the cost of copyright protection, but also enhances the public's respect and recognition of original content, and provides solid technical support for the healthy development of the online short drama and short video industry.

In response to the rapid development of the online short drama and short video industry, the government and legislative bodies are constantly improving relevant laws and regulations to better protect the legitimate rights and interests of original authors. In recent years, the State Administration of Radio and Television has organized a number of special rectification work on online micro-dramas, severely cracked down on illegal content, and effectively curbed the spread of infringement. At the same time, the introduction of the new regulations has strictly restricted the dissemination of micro-dramas that have not been reviewed and filed, and further regulated the market order. This series of measures shows that the government is increasing its supervision in this field, aiming to prop up an umbrella for original content through legal means, and promote healthy competition and sustainable development of the industry.

While external legal regulation continues to strengthen, the network short drama and short video industry also pay more attention to self-discipline and collaboration. As an important force of industry autonomy, industry associations are actively playing the role of bridges and bonds to promote the formulation and implementation of industry standards. By formulating industry standards, strengthening self-discipline management, and promoting information sharing and collaboration, industry associations help improve the overall level of copyright protection in the industry and reduce the occurrence of infringements. Various platforms are also gradually establishing cooperation mechanisms to jointly combat cross-platform infringements and provide more comprehensive protection for copyright owners. This kind of self-purification and collaboration within the industry will strongly promote the development of the network short drama and short video industry to a more standardized and healthy direction.

Technology-driven, the improvement of laws and regulations, and the strengthening of industry self-discipline and collaboration together constitute multiple lines of defense for copyright protection in the online short drama and short video industries. In the future, with the continuous deepening and improvement of these measures, we have reason to believe that copyright protection in this field will enter a new stage, creating a more favorable environment for the prosperity and development of original content.

 

3. Suggestions and Expectations for Industry Development

 

With the rapid development of network technology and the popularization of mobile Internet, network short dramas and short videos have become an important carrier of cultural communication, and their influence has become increasingly prominent. However, the protection of original content has also followed, which has become one of the key factors restricting the healthy development of the industry.

 

Strengthen the protection of original content and stimulate creative vitality

 

Original content is the lifeline of the online short drama and short video industry. Its protection is not only related to the rights and interests of creators, but also related to the innovation ability of the entire industry. Therefore, the industry needs to establish and improve the original protection mechanism, through technical means such as digital watermarking, copyright certification, etc., to improve the traceability and verifiability of original works. At the same time, we should strengthen the crackdown on infringement, reduce the cost of rights protection, improve the efficiency of rights protection, and let the infringers pay the due price. Industry associations should actively promote the establishment of an original content certification system and provide authoritative copyright protection services for creators, so as to stimulate creative vitality and promote the prosperity and development of original content.

 

Promote technological innovation and application, improve the efficiency of content recognition

 

Technological innovation is an inexhaustible driving force for the development of the network short drama and short video industry. With the support of the new generation of information technology, advanced technologies such as artificial intelligence and blockchain provide strong support for the identification and protection of original content. Through the use of artificial intelligence image recognition, speech recognition and other technologies, we can quickly and accurately identify infringing content and improve the efficiency of copyright protection. The tamper-proof nature of blockchain technology provides a more reliable means for copyright certification. The industry should strengthen technological innovation and application, promote the popularization and integration of technology, and form a virtuous circle of technical support and content protection. At the same time, strengthen technical exchanges and cooperation, jointly promote technological innovation and development, and lay a solid foundation for the long-term development of the industry.

 

Improve the system of laws and regulations, strengthen supervision

 

Laws and regulations are an important guarantee for protecting original content and maintaining market order. In view of the characteristics and development trend of the network short drama and short video industry, the government should strengthen the supervision of the industry and improve the relevant laws and regulations system. More specific and feasible legal provisions and policy measures should be formulated to clarify the key issues such as the ownership of rights, tort liability and compensation standards of original content; the investigation and punishment of torts should be strengthened to increase the cost of violations and form an effective legal deterrent. At the same time, the government should also encourage and support social organizations such as industry associations to participate in industry supervision and self-discipline construction, and jointly build a good market order and development environment.

 

Strengthen industry self-discipline and collaboration to promote the healthy development of the industry

 

Industry self-discipline and collaboration is an important force to promote the healthy development of the network short drama and short video industry. Industry associations should play a role as a bridge and link, strengthen communication and collaboration within the industry, and jointly respond to the problems and challenges encountered in the development of the industry. We should promote the formulation and implementation of industry standards, standardize industry behavior and market order; we should strengthen exchanges and cooperation within the industry, jointly promote technological innovation and application, and improve the overall competitiveness of the industry. At the same time, industry associations should also actively communicate and coordinate with the government, society and other parties, strive for more policy support and resource investment, and create a more favorable environment and conditions for the long-term development of the industry.

Strengthening the protection of original content, promoting technological innovation and application, improving the system of laws and regulations, and strengthening industry self-discipline and collaboration are the key paths to promote the healthy development of the online short drama and short video industry. Only by working together in these areas can we lay a solid foundation for the long-term development of the industry.

 

Reference Information

 

[1] Unauthorized "handling" of other people's short-sighted band goods constitutes infringement! Surging news July 25, 2024 https://www.thepaper.cn/newsDetail_forward_28196690

[2] Responding positively to the "Proposal for Copyright Protection of Micro-dramas", platforms such as Douyin and WeChat announced that they would strengthen the control of pirated micro-dramas. Flush Finance and Economics http://news.10jqka.com.cn/20240726/c660206658.shtml on July 26, 2024

[3] Fancy "rubbing on famous brands" and "hitchhiking", how can intangible cultural heritage prove that I am me? No. 100 https://baijiahao.baidu.com/s?id=1805701680972902017&wfr=spider&for=pc on July 27, 2024

[4] The original short video was arbitrarily used by the platform as a template for "AI face changing"? Court: Compensation for 7500 Yuan Baijia No. July 25, 2024

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