| In the field of copyright,a balanced interest structure is very important.Different interest groups have different interest needs.The copyright fair use system is like the result of the game between interest groups,which is to coordinate the balance between the copyright owner and the public and balance the balance.Interest appeal tool for conflict of interest.In today’s information technology era,network development is an opportunity and challenge for copyright law.The current rise of network technology makes copyright in a complex network environment more balanced.Short video,as a new product spawned by the Internet,has experienced many copyright infringement issues during its continuous development.The situation of my country’s copyright fair use system is relatively simple,and there has been no timely and reasonable modification since the "Copyright Law" and related regulations were issued.It is often difficult for judges to make judgments based on the existing general rules when facing such fair use cases of short online videos made by using other people’s works,which leads to some auxiliary judgment standards for the fair use system in judicial judgments.Therefore,the author conducts in-depth research with three typical cases to analyze the key criteria for fair use of short online videos when using original works when applying the law,and other factors that should be considered.From the different functions of online short videos,we summarize the common types of online short videos that usually constitute fair use.Then,based on the changes in my country’s legislation,the needs of judicial practice,and the status of judicial application,the above content of this article is used as the basis to propose that they are in line with my country’s actual judicial environment.Legal advice on the fair use system of copyright of online short videos. |