Research On Copyright Issues Of Movie Micro-explanation

In recent years,there have been a large number of short videos of film commentary on the self-Media platform in the Internet communication environment.Such short videos are the product of creative editing of audio-visual works,specifically,the creators use technical means to edit the original film works,and then,on the basis of the obtained video images,incorporate narration commentary to introduce,comment or interpret the film in depth,It is made into a video "movie review" of about 10 minutes,so it is named movie micro commentary in this paper.As a kind of works of secondary creation,film micro explanation originates from the existing expression,but the producer decodes and encodes by himself,and the process of audience's secondary decoding makes its content have certain intellectual labor achievements,which can be identified as works of originality and in line with the legal meaning of copyright,but originality cannot be the reason for film micro explanation to avoid infringement.Film micro commentary usually uses the original film without the permission of the copyright owner.If this kind of behavior does not conform to the scope of the reasonable use system under the copyright law,it will fall into the legal risk of infringing the copyright of the original film works.The fair use of copyright system is to delimit a certain range within the copyright works for free use by non copyright owners,which not only benefits themselves,but also causes little or reasonable damage to the copyright owners.Its judgment criteria are mainly divided into Chinese copyright law,three-step test method and four element standard method.Because the content of Chinese copyright law and three-step test method is high Degree of consistency,so the two as the same criteria.Film micro commentary can be divided into deconstructive editing and splicing editing in terms of content production.From the perspective of Chinese copyright law and four factor analysis,deconstructive editing constitutes a reasonable use of copyright law,while splicing editing damages the interests of the original film market and potential market,and constitutes an infringement of the original film copyright Harm.However,as a new kind of cultural product,film micro commentary also has a certain market.In order to maintain the good development of the two cultural markets,film micro commentary and the original film works,we must find a way out.Of course,the first thing is to adhere to the principle of interest balance,only in this way can we maintain the benign competition between the two.On the one hand,we should regulate the management mode of film micro commentary,mainly from the collective management mode of copyright,using technical measures to fight against infringement and protect legitimate works;on the other hand,we should build a benefit coordination mechanism to provide development space for film micro commentary,mainly introducing a new licensing mode,namely knowledge sharing agreement.Only by clarifying the problems and risks of the use of film works in the film micro commentary from the perspective of law can we better promote the market development of such cultural products and ultimately promote the development and prosperity of social and cultural undertakings.