Research On The Identification Of Copyright Fair Use Of Short Video

Short video is an emerging product and an important manifestation of audio-visual field in the digital era.There are a large number of use behaviors of other people ’ s works in the process of short videos ’ creation.If the use behavior is not authorized by the original author of the previous work,there is a possibility of infringement of the original author.As an interest balance mechanism between the rights and interests of indigenous works and social public welfare,the fair use system of indigenous rights allows the use of prior works to a certain extent,in order to prevent the excessive control of their works by indigenous authors and meet the needs of the public interest.However,the existing fair use system and its identification standards are rigid and lack of adaptability,which makes the boundary between infringement of indigenous rights and fair use very vague.Short video,as a representative of the use of new works under the background of digital technology,the problems of the general criteria for the rational use of indigenous rights in short video are particularly obvious.The characteristics of short videos lead to the inadaptability of the general identification standard for the rational use of indigenous rights in short videos.Specifically,the scope of private domain used by individuals in the network environment tends to be blurred,and the non-profit purpose of short videos is difficult to judge,which leads to the inadaptability of the statutory purpose of use in short videos.The small length of short video and the diversity of citation elements hinder the application of quantity and quality standards as the judgment of citation degree.At the same time,the hierarchical relationship between quantity and quality standards makes its application in short video uncertain.It is difficult to evaluate the suitability of short video using behavior simply by quantity and quality standards,that is,whether it constitutes ’ appropriate citation ’.The concealment of short video infringement and the weakening of the exclusive control of indigenous authors on their works lead to difficulties in obtaining evidence for market damage.At the same time,factors such as unclear definition of market scope,unclear judgment of damage degree,lack of consideration of the propagation law of works and the interference of the positive impact of short video make it difficult to determine the market impact caused by short video.On the basis of referring to the relevant experience of foreign short video aboriginal right reasonable use,this paper provides the following suggestions for solving the above problems in the identification of short video aboriginal right reasonable use: First,accurate positioning of the purpose of reasonable use.Transformative use is introduced as the explanatory basis and judgment factor at the use purpose level,and the use purpose legitimacy is used to replace the non-profit standard to determine whether short videos are reasonable at the use purpose level.Second,clear the specific application of quantity and quality standards in short video.Focusing on quality standards and taking into account the degree of citation under quantitative standards,combined with the purpose of short video use,originality and other considerations,to accurately evaluate the suitability of short video citation behavior.Third,consider the potential market impact of short video usage behavior on prior works.Through the relevant market formation possibility size is divided in the pre-works potential market scope,and to damage the objective existence and reach a certain degree of market damage judgment.At the same time,combined with the propagation law of works,the market impact of short video on previous works is judged,that is,the market impact of short video usage behavior on works in different periods under the same conditions is different.In addition,it is necessary to correctly understand the positive impact of short video on prior works.The positive impact should only be the favorable conditions for prior works users to apply for authorization and license to the native author,and should not be the defense of infringement.