Research On Fair Use In Short Video Production

The popularity of smart terminals and the development of software application technology have promoted the rapid development of the domestic short video industry,and also caused many copyright issues,especially the reasonable use problem to be studied in this article.It is important for the virtuous circle and healthy development of the short video industry.In addition to the introduction and conclusion,this article is divided into five chapters.Chapter 1 Summarizes the short video copyright issues.Short video is a new type of media that has emerged in recent years.It is characterized by simple production,short duration,personalized content,and fast dissemination.Short videos have quickly changed the traditional way of information dissemination,and the content is easy to copy and disseminate,which has caused a lot of infringement disputes,especially whether the secondary creation in short video production constitutes an infringement issue.It involves a fair use judgment standard applicable.In different types of short video productions,it raises a lot of urgent application issues.Analysis of the fair use of several types of short video types is conducive to the settlement of infringement disputes in short video production.Chapter 2 Identifies the fair use of mixed-cut short videos.Mixed cut short videos are a common type of short videos.Among them,there are three types of large and controversial user groups: short videos cut and spliced films,"Fan-making-movie" and game short cut videos.Short-cut mixed videos are edited combinations of existing works,but most of them are just for personal study,research,or appreciation.Short videos belonging to secondary creations do not produce a substantial replacement for the original works.Make reasonable judgments on the premise of the principle of balance,and there have been many such cases in practice for reference.Chapter 3 Determines the fair use of parody short videos.Controversy over the legitimacy of parody in the academic world has a long history.Parody short videos satisfy the requirement of "appropriately quoting works already published by others for the purpose of introducing,commenting on or explaining a certain work",and freedom of speech is a basic right granted to every citizen by the Constitution.The protection of public interest should fall into the category of fair use when other conditions are met.This also has a comparative legal basis.For example,the United States has made it clear that parody works can constitute fair use if they meet the "transformative use".Chapter 4 The identification of fair use of fused punchlines short videos.At first,fused punchlines was originally just a network term.Where is the boundary between proper reference and plagiarism plagiarism? When no typical case has appeared,the author believes that relevant cases in other fields can be used to analyze the possibility of applying the fair use system.It involves issues such as ideas and expressions in Copyright law,whether the material belongs to the public area,and whether the expression space is limited.At the same time,the "four elements" can be used to judge the appropriateness.Chapter 5 Perfect system for fair use identification in short videos.The concept of "transformative use" applies to the legality of all secondary creations.The conversion use rules show great flexibility in various new situations,and can cope with the disconnect between the development of the times and the legislation.China's judicial practice has gradually begun to explore its applicable rules.The theory emphasizes the purpose and nature of the use.Therefore,"transformative use" helps to resolve the fair use determination in short videos.To improve the fair use identification system of short videos,we need to start with the reference of the "transformative use" theory.Balancing the exclusive rights of copyright owners and the rights of producers is a proposition that Copyright law always pays attention to,and the fair use system is the balance among them.With the proliferation of secondary creations today,the creation of short videos can hardly be divorced from the cite and use of existing works.The fair use system can legally guarantee the possibility of some short videos appropriately citing previous works,thereby promoting the parties' benefits are best met in balance and coordination.