Research On The Clips Short Video Based On Fair Use

With the development of digital technology,the clips short video has the characteristics of multiple creative subjects and wide communication range.The existence of these characteristics has also promoted the arrival of the era of "mass creation" for the whole people.Clips short video is a work of secondary creation,and its creation process may involve the use of previous works without permission.However,the creators of clips short video have different views on whether the use of previous works belongs to fair use.One party believes that the use of the previous work by the clips short video falls within the scope of the copyright personal right and copyright property right,which constitutes infringement.One party believes that the clips short video has the purpose of conversion and does not replace the copyright market of previous works,which belongs to fair use.The difference stems from the fact that the existing fair use system cannot provide clear guidance for the determination of fair use of clip short videos,and the existing specific fair use terms cannot be used as an interpretation path.The reason behind this lies in the continuous expansion of the rights and interests of the copyright owner under the author centered doctrine,the decline of the scope of application of fair use,and the imbalance of interests between the prior copyright owner and the creator of clips short video.The existence of clips short video is in line with the value pursuit of the fair use system,and can avoid the abuse of relevant rights and interests by the prior work obligee.At present,there is a leading experience in foreign countries to bring clips short video into fair use with the help of transformative use,and expand the scope of fair use to a certain extent with the help of transformative use,so as to achieve the balance of interests among multiple subjects in clips short video and increase the flexibility of rational use identification.Therefore,this paper believes that the "appropriate citation" clause in Article 24 of the copyright law can be used as the basis to introduce transformational use as an interpretation aid to the determination of fair use,and at the same time,the scope of application of transformational use can be limited in combination with the provisions,so as to achieve the balance of interests of multiple parties.