AI时代短视频侵权呈现新特征，版权制度面临挑战︱法经兵言

Core Insights - The short video industry is rapidly developing under the influence of digital technology, but it is also facing a significant increase in copyright infringement cases, which are becoming more complex [1][3][4] - The rise of generative artificial intelligence (AIGC) poses challenges to traditional copyright regulations, particularly in determining the originality and copyright status of AI-generated content [1][4][9] Infringement Trends - There has been a surge in infringement cases, especially on user-generated content platforms like Douyin and Kuaishou, where unauthorized use of film clips and music is common [3][5] - Infringement methods have evolved from direct copying to more subtle forms such as editing and remixing, often claiming "fair use" while infringing on original creators' rights [3][5] - Cross-border infringement is increasingly problematic due to the borderless nature of the internet, complicating enforcement efforts [3] Legal Framework and Challenges - The core of AIGC relies on large-scale data training, which often includes copyrighted material, blurring the lines of originality and legal protection [4][9] - The definition of "fair use" is becoming more ambiguous, especially with AIGC's commercial use and its potential market impact on original works [4][7] - The current legal framework struggles to clearly delineate between "fair use" and infringement, leading to challenges in copyright enforcement [7][9] Types of Infringement - Direct copying involves unauthorized reproduction of copyrighted works, while adaptation infringement includes modifications or reinterpretations of original works [5][6] - Platform-assisted infringement occurs when platforms indirectly promote infringing content through algorithms, raising questions about their responsibility [5][10] Copyright Protection Difficulties - Original short video copyright protection faces challenges such as difficulty in evidence collection, high litigation costs, and unclear platform responsibilities [8][10] - The complexity of determining "substantial similarity" in audiovisual works complicates infringement assessments, especially in the short video format [8][9] Recommendations for Improvement - Legal policies should refine the application standards for AIGC "fair use" and provide clearer judicial interpretations to enhance operability [9][10] - Platforms should take proactive measures in copyright governance, utilizing AI and big data for content monitoring and infringement detection [10][11] - A collaborative governance model involving multiple stakeholders is essential to address copyright issues effectively, including public awareness campaigns and creator self-protection initiatives [11][12]