Research On The Reasonable Use Of Copyright In Secondary Creation Of Short Video

In recent years,China’s short video industry has developed rapidly,and there have been many copyright infringement problems.This article is to discuss the secondary video created by the secondary creator through editing,commenting,dubbing,etc.,which introduces the content of the movie.When the material in the film and television works is quoted without the consent of the copyright owner,the secondary creative short video is triggered.Copyright infringement.The key to judging whether such acts are infringing is whether the acts can be applied to the fair use rules in copyright law.Chen Kaige and Hu Ge’s "a bloody case caused by a gimmick" and Taiwan Gu Amo’s "X Minute Talk Movie" infringement dispute case caused us to think about the copyright infringement dispute of the second short video creation.First,the key to determining whether this type of case is infringing is whether and how to determine that the act of secondary creation complies with the fair use system.In China’s "Copyright Law",the definition of "fair use" is vague and the standards are not uniform.In judicial practice,it is difficult to measure the reasonable limit.This article will draw on the four-element testing method of the reasonable system in the United States,combined with the development of today’s society,analyze and determine the elements of the standard definition of the "fair use" system in China,accurately position the "appropriate citation" in the fair use of copyright,and clarify the purpose and degree of citation And citations,and improve the application of the conversion bank use principle in China.Secondly,although a reasonable and reasonable definition of reasonable standards has been constructed,and the concept of "conversion use" can be used to make secondary creators and judges clear whether infringement or not,but if there is only a single fair use system,once the secondary creation is violated The fair use identified as fair use or “conversion use” means that the second creator can use theoriginal work without permission from the original work without paying compensation.In the current “flow is profit” network era,the ability to realize money through the network is already tens or even hundreds of times the traditional ability to realize money.This will inevitably cause the imbalance in the distribution of benefits between secondary creators and original creators.The creator is leaning.In the long run,this will mean a reduction in originality and is not conducive to cultural development.By drawing on domestic and foreign legislation and judicial practice,referring to the implied license system in the short video field,referring to the "conversion use" system,and establishing an independent compensation mechanism outside the fair use system to ease the development of secondary creation and original copyright The contradiction between the two authors can improve the shortcomings of the protection of secondary copyright short videos in the Copyright Law of China,and balance the contradiction between secondary creators and copyright owners.