Author(s)

Deng Yan

Corresponding Author

Deng Yan

ABSTRACT

On April 16, 2021, the first short video template infringement dispute case was judged by the Hangzhou Internet Court. In this case, the short video template was protected by copyright and was deemed to constitute a "similar electrical work" and constituted an infringement of the right of information network communication. On June 1st of that year, the new "Copyright Law" came into effect, and the expression of "electronic works" was discarded. In this article, the author believes that short video templates should be recognized as “audiovisual works” in the new law, and should be protected by copyright law, and the platform’ s unauthorized upload of short video templates not only constitutes an infringement of the right of information network communication, but also constitutes Violation of the "right of reproduction". In addition, the author believes that the significance of the judicial protection of short video templates lies in its ability to improve the protection of copyright in the field of short videos, increase the creative enthusiasm of short video original creators, and promote the sound and healthy development of the short video industry.

KEYWORDS

Short video template, copyright, originality, audiovisual works, infringement