Research on Copyright Infringement Determination of Short Videos in the Digital Economy

Abstract

Short videos have become an essential product of the digital economy, and with their rapid reuse, editing and algorithmic distribution, the traditional rules of copyright infringement are being challenged. What are the causes of infringement in short-video disputes, and when is liability established? Doctrinal Analysis of Chinese Copyright and Tort Law, a Comparison of the Regimes in the United States and the European Union, Public Statistics on Users and Litigation, and four publicly disclosed adjudicated cases are included. A transparent factor-weighting index will be used to assign weights to the degree of access, similarity, market substitution and permitted use. The indices for the four disputes are all relatively high, ranging from 0.875 to 1.000, but the outcomes on the platform vary among them; some have been dismissed and others found liable. Based on the results, the contested issue is not whether the platform used copies of protected works or whether it was aware of, controlled and profited from the distribution of such works. A Two-Tier Determination Path and Evidence Recommendations for Courts, Platforms and Creators are Proposed.