Research on Copyright Protection of Film and TV Series in the Era of Short Video Deluge in China

Xiaoling Fu, Zhiya Liao, Yufei Lin

Abstract


Film and television works refer to audio files with or without words and video files that can be recorded, which also enjoy copyright. In this era of short video fast food, movies and TV series have become the benchmark in the cultural field with their mature scripts, careful shooting and large investment of funds and personnel. The copyright protection of movies and TV series is the foundation for the long-term development of China’s film and television industry, and has a great impact on the development of China’s cultural industry. With film and television dramas becoming increasingly popular subjects for short-form video creation on the Internet, short-form video users and film and television drama creators have formed a fierce collision of rights. However, in practice, the copyright protection of film and television series is faced with such problems as high creation costs and low transport costs, high difficulty and high cost for platforms to identify infringing videos, and no clear standards for judicial identification of infringement issues. Therefore, based on the concept of the haven principle and the principle of proportion, this paper uses the method of empirical research to analyze the current situation of film and television play copyright protection in our country by combining the Copyright Law and the short video infringement case of the popular the film “Nagatsuko”. Specifically, this includes legislation to clarify the limits and scope of judicial determination, refine the legal responsibilities of the three main parties, establish a legal risk prevention and control mechanism, and establish a benefit sharing mechanism between creators and short video users, thus promoting coordinated coexistence and win-win cooperation between users of short online videos and creators of TV dramas.


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DOI: https://doi.org/10.22158/sssr.v4n2p65

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