【摘要】 二次创作类短视频在侵权维度上，除侵犯著作权外，还可能侵犯肖像权、姓名权和名誉权等人格权。在著作权侵权方面，学术界和司法界常围绕短视频平台运用避风港原则采取相关措施的时限要求、合理使用所采取的判断标准这两个问题进行探讨；在人格权侵权方面，公众人物的人格权是否受到法律保护、短视频平台的抗辩理由是否成立是常见的法律焦点问题。对于二次创作类短视频侵权，可采取多元手段加以综合应对：在法律上明确侵权主体，规范侵权损害后果的认定标准，减少侵权认定中的困难，完善免责的相关规定；在经济上完善短视频素材使用授权机制，提高侵权成本，建立利益补偿机制；在技术上提高人工智能侵权内容过滤的精准度，设置专门的公众人物信息处理系统，完善侵权内容数据库。更多还原

【Abstract】 The secondary creation of short videos has developed rapidly in recent years, and it has formed many categories and has remarkable characteristics.As a new form of video expression, short video of secondary creation violates the copyright of the original works once it exceeds the limit of reasonable use of copyright; There is a risk of invading the personality rights of others such as portrait right, name right and reputation right while pursuing network flow, especially for public figures.The civil code, copyright law and other laws regulate the two infringement dimensions of short videos of secondary creation, but there are still some contents which need to be clarified in the judicial trial.In terms of copyright infringement, two issues which are the time limit requirements for short video platforms to take relevant measures by using the principle of Safe Harbor, and the judgment standards for reasonable use, are often be concerned in academic and judicial fields; In terms of infringement of personality rights, whether the personality rights of public figures are protected by law and whether the defense causes of short video platforms are established are the focuses of legal issues.In order to reduce the infringement of short videos of secondary creation, it is necessary to clarify the vague content and deal with it by multiple ways comprehensively, including clarifying the infringement subject, standardizing the identification standard of infringement damage consequences, reducing the difficulties in the identification of infringement, and improving the relevant provisions of exemption in law.Improving the authorization mechanism for the use of short video materials, increasing the cost of infringement, and establishing a benefit compensation mechanism economically are need balance the interests of all parties.Of course, it is still the key to improve the producers’ creativity and civilization of secondary creation short videos and respect the legitimate rights of others to prevent infringement.Improving the accuracy of artificial intelligence infringing content filtering, setting up a special public figure and information processing system, and improving the content database are also necessary.更多还原