Douyin、Short video represented by Kuaishou, etc., occupied the huge territory of the China Mobile Internet Entertainment Industry in just a few years。According to relevant statistics，Short video users in 2020 reached 873 million people，Market size reaches 150.6 billion yuan，Short video has become one of the most common entertainment methods for the whole people。The development of short videos is accompanied by huge legal disputes，Great challenges to the original copyright legal system，Modification of the New "Copyright Law" actively responded to many problems in the short video field。

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"Copyright Law" before modification，About the nature of short videos，Disputes of audiovisual works and video products in theory and practice，Although audiovisual works and video products belong to the audiovisual expression and are protected by copyright law，But the protection path of the two is not the same。Some scholars think，The main difference between works and products is "creative height"，short videos with high originality are audiovisual works，Short videos with low originality should belong to video products，This view has been supported by some judicial referees: "Differential copyright and neighborhood rights in our country's copyright law，and the relevant continuous screens are divided into the case of film works and video products，The standards of the two should be used as a standard for distinguishing between the two "(Beijing Intellectual Property Court (2015) Jingzhimin No. 1818 Civil Judgment)。Some scholars Bet365 app download think，Identification is only different，There is no level of level，As long as the short video is original，It should be determined that it constitutes a work，This view is also supported by some judicial referees: "When the short video meets the creative requirements,，It should not be demanding for the height of creation，As long as it can reflect the personalized expression of the producer，You can determine its creativeness "(Beijing Internet Court (2018) Beijing 0491 Minchu No. 1 Civil Judgment)。

After the "Copyright Law" is modified，The attributes of the work of short videos are determined。Article 3 of the New Law improves the definition and type of the work，defines the work as "Literature、Intellectual Achievements with originality in the field of art and science and can be expressed in a certain form "，The expression of "film works and works created by similar films" to "audiovisual works"。Compared to the "Copyright Law" before the revision，The definition of the work is clear，As long as it is literature、Intellectual results that are original and can be expressed in the field of art and science，All belong to the work。The provisions of "expressed in a certain form"，Break through the limitation of tangible forms，Expand the scope of "expression"，Get rid of the fixed conditions in the definition of traditional works，It reflects the transformation of the digital network era that is more concerned about the creation and dissemination of the work of the work with the replication of the work as the core。In the definition of the work of the new method，Intellectual results are its essence，originality is its essential element，Performance in a certain form is its form of elements，At the same time, the essence and form of the essence and forms belong to the work。Of course，bet365 Play online games What needs attention is，It is not in line with the definition of the work to constitute a work，Three statutory exclusion situation stipulated in Article 5 of the New Law，Even if it may meet the definition of the work，It can not be determined that it constitutes a work。The definition of the new method of work means，As long as the short video is exclusive，All belong to the "intellectual achievement" and can be protected by the "Copyright Law" as a work，but it does not matter the original height requirements，This short video that has ended for many years belongs to the debate of audiovisual works or video products。Regardless of its originality，short videos with originality belong to the work，The protection of short videos shall be protected by copyright rather than neighboring rights。The modification of the type of work is more clearly incorporated into the list of audiovisual works，Unified protection under the regulations of the audiovisual works。

　　The right to belong to the right of short video works

New Law) Article 17、TV drama works "and the copyright ownership of" audio -visual works specified in the previous paragraph "are distinguished，Standardous movie works、The copyright of the TV series is enjoyed by the producer; not movie works、The copyright ownership of other audiovisual works of TV drama works stipulates first，Only when the producer is not agreed or unclear without the agreement。The new method here is distinguished by the ownership of audiovisual works，There are some controversy in this industry，But overall，It is the corresponding measures taken by Article 15 of the Copyright Law before the revised "Copyright Law" in practice，It has realistic significance。Although the new law does not interpret the producer，But from the relevant statements of the Copyright Law Amendment (Draft) Bet365 app download "，The producer refers to the subject of organizing the production of audiovisual works and assumed responsibility，It is usually different from the authors involved in the creation of audiovisual works，The essence of the design of the copyright ownership mode of the audiovisual work is to solve the right to distribution between the author and audiovisual works of the audiovisual works。

About movie works、Copywriting ownership of TV drama works，There are multiple modes in the world，my country finally chose the model of copyright legal belonging to the producer。In movie works、TV drama works，The producer invested a lot of funds and time，Working of the copyright of the work is not only conducive to encouraging the producer investment，It is also good for movies、Stability and development of the TV series market。and movie works、Other audiovisual works other than TV drama works are in various aspects such as production methods and capital investment、TV drama works are large，The importance of producers is generally inferior to movie works、Made of TV series works，If the statutory copyright belongs to the producer, there may be unnecessary contradictions and conflicts，Therefore, it stipulates that its agreed first，Fully gives the producer's right to negotiate freely。

　　Better to protect more market value film and television works

New method for movie works、The distinction between the ownership of TV drama works and other audiovisual works is realistic。But the prerequisite for this provision is to define what is the movie work、TV drama works。Regulations of the Implementation Regulations of the Copyright Law，Movie works and works created by similar films refer to the production on a certain medium，Consistent with a series of pictures with a sound or no pronunciation，and use appropriate device Bet365 lotto review screening or work in other ways。This definition obviously cannot make movie works、TV drama works are different from other audiovisual works。If you distinguish the appearance of audiovisual works，The length of the work is not a movie work、Standards for the division of TV drama works and other audiovisual works，The world's first film "The Gate of the Factory" is only one minute，But no one can deny the nature of their movie works; children's short dramas usually only take a few minutes in one episode，No one can deny it belongs to the TV series。The plot of audiovisual works is not a movie work、The difference between TV drama works and other audiovisual works，As an important movie、Documentary types of TV drama types are not even designed by the screenwriter。Do the audiovisual works obtain the dedication of the special department and the difference between its special playback channels，It is also not a movie work、The special feature of TV drama works。

In recent years，A large number of traditional movies、The TV drama industry resources are invested in the network，Out of a large number of well -made online movies、Net drama，These online movies、Net drama and traditional movies、The production method of the TV series is basically the same，and the playback channel is different，It can not board the screen because it has not obtained the relevant announcement permit，It has not been broadcast on the relevant TV stations，But who can deny its movie works、What about the attributes of TV drama works? therefore，Film works、TV drama works in nature，It can not only be played from its playback time、The complexity of the plot is judged，It cannot be determined according to its communication channel，Requirement of film works must be released in the cinema，TV drama works must be broadcast on the specific column of the bet365 best casino games TV station，It should be determined from its essence。Deep Deep Law to make the root cause of different rights stipulated in audiovisual works，Mainly to better protect movie works with higher market value、TV drama works，Then protect the interests of investors，Maintenance movie、Stability and prosperity of the TV series market。Therefore，Film works、The difference between TV drama works and other audiovisual works，lies in its investment scale and production method。

Short video is not only popular、The content generated by civilian creation，There are also a large number of professional teams to create，Out of many high -quality short video works，They are widely spread，High attention，Short video works with higher value，For these short videos with professional standards，Some people even call it "micro -movie"。Ordinary short video produced by the public，and the screenwriter、Director、Photography、Editing and other professionals produced by professionals created well -created short video，Its ownership is based on movie works、Regulations for the ownership of TV drama works，French producers enjoy，Still stipulates first in accordance with the provisions of other audiovisual works，It should be different。I think，It can be distinguished according to the resource input and creative height of the short video creation。If the short video is qualitative, there is a screenwriter、Director、Creative labor of authors such as photography and editing，The labor of these authors has reached a certain extent，It belongs to movie works、TV drama works，Its copyright belongs to the statutory to be enjoyed by its producers，The judgment of short video quality can be selected from the material、Shooting method、picture editing and arrangement、The production Bet365 app download of audiovisual effects is made to judge。This distinction that conforms to Article 17 of the New Law，Protection of high -quality short video works，It is also conducive to the prosperity and development of the short video market。

　(Author Unit: Institute of Institute of Intellectual Property and Competition Law of Wuhan University)