[Direct answer]It depends on the extent and method of the remake. If the short video is original, it can constitute an audiovisual work or a film-like work and be protected by the Copyright Law of the People's Republic of China; if it plagiarizes the scenes, dialogues, camera movements, editing, and music of others' previous works and constitutes substantial similarity, it constitutes plagiarism and infringement; but if it only draws inspiration from the subject matter, creativity, style, or expression methods and does not copy the specific expressions, it usually does not constitute infringement, because copyright only protects expressions and not the ideas themselves. The key to judgment is whether the original expression has been substantially copied and whether it constitutes fair use. It is the safest approach to obtain authorization before remaking the work.

I. Problem Background and Typical Scenarios

In the creation of short videos, it's very common to imitate popular formats and replicate viral scenes. Some people are accused of plagiarism for copying others' shots and scripts, while others worry that their borrowed topics might lead to legal disputes. Whether short videos constitute plagiarism involves the distinction between expression and ideas in copyright law, as well as platform rules and commercial competition. It's a concern for both content creators and MCNs.

II. Key points of contention

First, whether short videos constitute protected works. Second, the distinction between ideas and expressions. Third, the method of judging substantial similarity. Fourth, the boundary between fair use and authorization.

III. Professional analysis by Henglue Lawyers

Firstly, the nature of the work: If a short video demonstrates originality in terms of topic selection, scriptwriting, filming, editing rhythm, and music arrangement, it can be considered an audiovisual work or film-like work, and is protected by copyright law. However, if the originality is low and the content is a common expression, the protection will be relatively limited. Secondly, the distinction between ideas and expressions: Copyright protects the expression rather than the idea. A remake that simply uses the "same genre" or "similar creative concepts" and recreates them in its own way generally does not constitute infringement. However, if it copies others' original expressions (such as unique lines, shot design, frame composition, editing structure), it may fall into the scope of infringement. Thirdly, the judgment of substantial similarity: This is usually determined by comprehensively evaluating the possibility of contact and the similarity of expressions, comparing elements such as images, lines, shots, editing, and music; and considering the originality of the remade work, the proportion of similar parts in the overall content, and whether there are defenses of fair use. Fourthly, fair use and authorization: According to Article 24 of the Copyright Law of the People's Republic of China (amended in 2020 and implemented on June 1, 2021), appropriate quotation for personal study, research, or appreciation, or for introducing or commenting on a work can constitute fair use; but commercial remakes or plagiarism typically exceed the scope of fair use and require authorization. Platforms also have original protection and complaint mechanisms, allowing creators to protect their rights through platform complaints or litigation. For issues related to intellectual property compliance and protection, please refer to the relevant guidelines.Intellectual property protection and corporate lawThe approach to handling the case; the specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

IV. Practical suggestions and legal basis

The first step is to determine before the remake whether it involves others' original expressions and obtain authorization from those who can grant it. The second step is to create original content as much as possible through self-written scripts, filming, and editing to avoid direct copying. The third step is for the infringed party to promptly fix evidence (original videos, remake videos, time stamps, and dissemination data) and protect their rights through platform complaints or litigation. The fourth step is to organize evidence and defenses around originality, substantial similarity, and fair use when involved in litigation. The main legal basis: Article 3, Article 10, Article 24, Article 52, and Article 54 of the Copyright Law of the People's Republic of China (amended in 2020 and implemented on June 1, 2021); the specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

There are three principles for determining whether a film adaptation is infringing: protecting the expression but not the idea; drawing inspiration from creativity does not equal plagiarism; substantial similarity is the core, and the scenes, lines, shots, and editing all need to be compared; commercial adaptations require authorization, while personal appreciation is generally considered fair use. For disputes involving short videos and copyrights, you can seek resolution through legal channels.Intellectual property protection and corporate lawObtain an overall solution for the service, involving the integration of authorization contract managementBusiness and contract disputes in enterprisesA reference for the enforcement of compensation for infringement of intellectual property rightsCreditor's rights and debts, and enforcementColumn, consultation on difficult casesSpecial servicesTeam.

VI. Frequently Asked Questions

Q1: If we reshoot the same scene with a different actor, does that constitute infringement?

This might constitute infringement. If you copy someone else's original script, dialogue, shots, or editing structure, even if you replace the actors, it may still constitute substantial similarity and infringement.

Q2: Is it considered plagiarism to borrow ideas and forms from others?

Generally, it's not considered plagiarism. Copyright only protects specific expressions, not ideas or creativity. However, if you overly imitate or copy parts of an original expression, it may constitute infringement.

Q3: How to determine substantial similarity?

Based on a comprehensive comparison of elements such as images, dialogue, shots, editing, and soundtracks, combined with the likelihood of contact and the proportion of similar parts, the court will determine the case based on the evidence.

Q4: How to protect your rights if your work has been plagiarized?

The evidence of the original video and the remake video (notarization, timestamp, link) should be collected first. Then, a complaint should be filed with the platform to have the infringing content removed. After that, negotiations or litigation can be initiated to demand the cessation of infringement and compensation.

Q5: Is it okay to remake a film for teaching purposes?

In legal circumstances such as using published works for classroom teaching or scientific research in small quantities, it can be considered fair use, but it must not affect the normal use of the works or infringe upon the legitimate rights and interests of the right holders.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the adjudication guidelines in other regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the necessary evidence to avoid missing the statutory time limits.Intellectual property protection legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.