A Study Of Legal Issues Of Short Video Copyright Of Secondary Creation

Our judicial trial on the positioning of the secondary creation of short videos is not accurate enough,by the practice of three cases in the existence of secondary creation of short video originality judgment standard wavering,secondary creation of short video fair use standard how to determine and the existing dispute resolution regulation can take into account the efficiency and fairness of the three issues.In the secondary creation of short video originality,judicial practice on the secondary creation of short video originality is mainly from the perspective of "creation",mainly external filming techniques and complete creative intent of the two identified basis,but for the secondary creation of short video,the use of creative intent to convert a high degree and cause a high degree of audience resonance judgment For the second creation of short videos,the adoption of a high degree of creative intent transformation and a high degree of audience resonance are more accurate.For whether it can constitute fair use,there are debates in both academic and practical circles,and by drawing on the four-factor test of "transformative use",the debates are reflected in the criteria for the amount of the quoted part and whether it constitutes a substitute for the original work,focusing on the correct interpretation of the two elements,i.e.,lowering the "amount" of the quoted part.The focus is on the correct interpretation of the two elements,i.e.,lowering the standard of the "quantity" of the quoted part,focusing on the "quality" of the quoted part,and not negatively affecting the potential market of the original work,and using this as the standard to test the secondary creation of the short video,and finally concluding that the parody short video can constitute fair use because The reason for this is that they have emerged as new expressions that are different from the original works and are in a different competitive market from the original works,while the non-parody short videos represented by commentaries are not fair use because they cover almost the entire range of the original works and create market substitution.Finally,from the perspective of efficiency and fairness,the issue of rules for resolving disputes over secondary short videos is explored in detail,and the "notice and deletion" rule is difficult to deal with different types of secondary short videos and the "red flag standard" and "beyond red flag".In the case that the "notice-deletion" rule is difficult to deal with different types of second-created short videos and the "red flag standard" and "beyond red flag standard" only solve part of the second-created short video infringement disputes,and thus it is difficult to solve different types of second-created short video infringement disputes efficiently and fairly,we try to improve the rules and development mode of dispute resolution,through "platform co-management " In order to ensure that the cost of information and consultation and communication does not expand too much,the short video platform should optimize the algorithm technology,apply the necessary attention and regulations in its service process and agreement text,and take the necessary measures to ensure that the content of the short video is not too much.In order to ensure that the information and consultation and communication costs do not expand too much,the short video platform should apply to solve the problem of infringement of secondary creation short video by optimizing the algorithm technology,imposing the necessary attention and regulations in its service process and agreement text,and taking necessary tracking and monitoring measures to improve the platform’s duty of care to confirm the division of responsibility and ensure efficiency and fairness.