Research On The Application Of Fair Use System In Video Disputes Of Film And Television Commentary

Film and television commentary video is a new product with the development of short video platforms.Recently,the right-defending action based on such works,on the one hand,belongs to the legal rights protection of the original copyright owner,but it also hides the direct competition between video platforms.The essence of intellectual property rights is the balance of interests,so whether simply film and television commentary short video as infringement works,or as fair use can not meet the Internet era cultural creation freedom and the dynamic balance between the legitimate rights and interests protection,film and television commentary video is infringement,has been controversial.In the final analysis,copyright law is playing the role of balancing different subject interests,how to realize the interest balance between the original copyright owner and the copyright owner of the short video of film and television interpretation,how to distinguish the fair use of film and television video and infringement,how to define film and television market monopoly and copyright owner protection,finally to the study of fair use system in how to apply,in order to achieve different subjects,play its role to promote cultural progress and promote knowledge dissemination,clearly promote the benign development of secondary creation.In the case of relatively backward and relatively vague,how to realize the contradiction between film and television original works and film and television commentary video,protect the interests of the copyright owner at the same time and promote the innovation of culture and knowledge,improve the creative enthusiasm,of the creator to meet the needs of different groups,is the study of fair use system in the application of the starting point and the foothold.This paper fully absorbs the theoretical research results,according to the characteristics of the video of video,proposes the countermeasures,including the principle of interest balance,type analysis of video,introduce legal licensing system,and improve the responsibility of the video platform,in order to reduce social contradictions and promote the benign development of secondary creation of film and television industry.