The Identification Of Fair Use Rules In Short Video Production

With the in-depth development of modern digital technology and the popularization of smart mobile terminals,short video has emerged as a new thing and is very popular on the Internet,but it has also brought various doubts to the development of the short video industry,because short video There is a large number of copies,misappropriations and adaptations of existing works in the creation,making it difficult to define infringement and fair use,seriously infringing on the interests of related copyright owners,and frequently triggering numerous short video infringement disputes.The determination of the application of the law brings unprecedented challenges.Therefore,it is extremely necessary to define the fair use and infringement of short videos,and to explore the identification of fair use rules in short video infringements.Through the analysis of the short video’s citation purpose,the analysis of the “quantity” and the “quality”,and the analysis of the potential market impact of the original work,this article proposes pertinent suggestions for perfection so as to correctly define fair use and infringement.To protect the interests of related copyright owners.The first is an overview of the basic theory of the determination of fair use rules in short video infringement.First,it defines the concept of short videos,and describes the characteristics and types of short videos so that they can clearly understand their current development status;second,analyze the general identification standards for the fair use of copyright,that is,the work has been published and cited The purpose of is limited to personal use and is non-profit,does not affect the use of its original work,and shall not damage the legitimate rights and interests of the copyright owner of its original work.Through the research on the identification standards of the existing copyright fair use,it is more conducive to the definition of fair use Research on the identification of rules in short video infringement.The second is the analysis of the problems in the identification of fair use rules in short video infringements.Due to the particularity of short videos and the general identification standards for fair use of copyright no longer apply to short videos,the problems of fair use rules in short video infringement determination have become more and more prominent,which has also brought huge problems to existing legal determinations.challenge.First,the original definition standard for personal use is “not applicable” to short videos,and the purpose of personal use is single,that is,it is limited to personal use and non-profit purposes,which makes the definition of the personal citation judgment standard in short video quotations for the fair use of copyright very important.Confusion;Second,due to the short duration of short videos,the number of citations is obviously not many.It is difficult to determine the rationality of citations simply by the criteria of "quantity" and "quality",that is,the boundary between "quantity" and "quality" is blurred The relationship between“quantity” and “quality” references determines the uncertainty;third,due to the particularity of short videos,it is difficult to determine the market impact caused by uncontrollable communication channels,which leads to difficulties in obtaining evidence and in defining market impact.Finally,there are suggestions for perfecting fair use rules in short video infringement.First,due to the particularity of short videos,the application of citations in the purpose must be accurately positioned.It mainly absorbs and accepts conversion citations,that is,content that is not in the original copyright granted by creativity.The stronger the conversion,the more suitable the "introduction,comment or According to the requirements of“explanation”,the purpose of the identification standard should not be mainly non-profit,but can replace the non-profit judgment standard with legitimacy to deal with the emerging form of fair use purposes in the future;second,clarify the “quantity” and “quality” The degree of reasonable citation focuses on the determination of "qualitative" citations,that is,whether the new work cited involves substantive expressions,while taking into account the"quantity" citation determination,that is,the citation cannot exceed a certain proportion of the original work,and the cited The quantity cannot be simply quantified.Instead,it should be combined with the purpose,necessity and effect of citation to clarify the relationship between "quantity" and "quality";third,considering the potential market impact of the cited work on the original work,the main consideration is The impact on the potential market or value of the original work,whether the damage objectively exists and the damage reaches a certain level,and the correct understanding of short video transmission does not necessarily lead to the damage to the original work’s market impact.The original work is judged by the impact on the original work’s market demand Market impact.Through the analysis of the problems identified in the fair use rules in short video infringements,the best solutions are selected,and combined with the national conditions,suggestions are put forward to better adapt to the development of the fair use system.