短视频作品属性的认定研究

RESEARCH ON THE IDENTIFICATION OF SHORT VIDEO WORKS

短视频本质上是一系列画面的排列组合,属于可被客观感知的外在表达。当短视频具备独创性时,其属于著作权法意义上的作品。视频时长以及创作高度不是判断独创性的标准。当短视频由制作者独立创作完成,且融入了制作者的个性因素时,则满足作品独创性的要求。对于不具备独创性的短视频,能否落入邻接权的保护范围,纳入录像制品的范畴,要看其制作主体是否符合录像制作者主体资格的要求、具有一定的经济劳动投入和对连续不断的影像进行了首次固定。

As a new video form,short videos have the characteristics of real-time shooting,simple editing,real-time and fast sharing.Short videos are long,diverse and rich in content,which not only conform to the fragmented reading and consumption habits of the public,but also have great communication value and commercial value.Short videos are essentially the arrangement and combination of a series of pictures,which belong to the external expression that can be objectively perceived.When the short video is original,it should be protected by copyright law as a work.Video length and creativity height are not the criterion for judging originality.When the short video is created by the producer independently and incorporates the producer′s personality factors,it meets the requirements of the original work.For short videos without originality,whether they can fall into the scope of protection of adjacent rights,that is to say,whether they are included in the category of video products,depends on whether their producers meet the requirements of the subject qualification of video producers and whether they have certain economic labor input,and fix continuous images for the first time.For other original contents in short videos,they can be protected by the copyright law separately according to the legal type of works.