短视频泛滥时代中国影视剧版权保护研究

Xiaoling Fu, Zhiya Liao, Yufei Lin
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引用次数: 0

摘要

影视作品,是指可以录制的有文字或者没有文字的音频文件和同样享有著作权的视频文件。在这个短视频快餐的时代,电影和电视剧以其成熟的剧本、精心的拍摄和大量的资金和人员投入,成为文化领域的标杆。影视作品的版权保护是中国影视产业长远发展的基础,对中国文化产业的发展有着重要的影响。随着影视剧在互联网上越来越成为短视频创作的热门题材,短视频用户与影视剧创作者之间形成了激烈的权利冲突。但在实践中,影视剧版权保护面临着创作成本高、运输成本低、平台认定侵权视频难度高、成本高、司法认定侵权问题缺乏明确标准等问题。因此,本文基于避风港原则和比例原则的概念,运用实证研究的方法,结合《著作权法》和热门电影《长子》短视频侵权案件,对我国影视剧版权保护的现状进行分析。具体包括立法明确司法认定的界限和范围、细化三大主体的法律责任、建立法律风险防控机制、建立创作者与短视频用户利益共享机制,促进网络短视频用户与电视剧创作者协调共存、合作共赢。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Research on Copyright Protection of Film and TV Series in the Era of Short Video Deluge in China
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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