“视频搬运”现象的著作权法应对

The controversies on mashup videos was first focused on the subjects of copyright. As a series of judgements that approved that mini videos as copyrightable work, the legitimacy of using video footage to make mashup videos became a new more controversial issue today. Nowadays, mashup videos are not merely the tool of self-expression, but a essential way to increase the scale of platform users. Therefore, the making and transmitting of mashup videos should be considered as containing reproducing other videos, based on “three step tests” in copyright law. If the making of mashup videos should be permitted by copyright owners, the efficiency of transmission can only be achieved by internet platforms, who need to be considered as a new collective management organization for collecting copyrights and licensing for end users in its own platforms. Internet platforms can also use metadata as digital rights management to reduce information costs and bargaining costs that traditional collective management organization cannot accomplish.