Research On The Determination Of Fair Use Of Short Video Copyright

As an important part of the secondary creation in the audiovisual field,short video of film review plays a positive role in stimulating the vitality of public creation and promoting the prosperity of socialist culture.However,with the revision of the audiovisual works and fair use system in the Copyright Law in2020,the issue of copyright infringement and fair use of the original works by short film review videos has been pushed to the forefront again.Based on this,this paper studies the criteria and perfection of the fair use of the original works in short film review videos.In addition to the introduction,the full text consists of four parts:The first part is about the controversial issues in the field of short video copyright.Film review short videos can be classified into audio-visual works and video products according to their originality.The empirical analysis results of judicial cases show that the short video of film review may infringe the copyright of the original film and television works,such as the right of reproduction,the right of information network transmission,the right of modification,the right to protect the integrity of the works,the right of compilation,and the right of adaptation,and many infringers will use fair use as a defense.More than ten charts in the article show that different courts have adopted different standards for the determination of fair use of short film review videos,and the judges have borrowed the four elements of fair use and the transformative use rules of the United States to varying degrees under the framework of the three-step test method.This situation also reflects that the standard for determining the fair use of copyright is full of controversy in practice.The second part is about the defects of the recognition of the fair use of short video in China.The common criteria for the reasonable use in judicial practice in China are as follows: first,judge whether it belongs to thirteen legal situations;Second,determine whether it is "not to affect the normal use of the work";Finally,it is determined whether the restrictive conditions of "having to reasonably damage the legitimate rights and interests of the copyright owner" are met.It is difficult for China to deal with new things such as short videos by adopting a closed enumeration method for rational use.Moreover,there are problems of fuzziness and repetition in the above limiting conditions,and there are also problems of different standards for the "proper citation" of the legal situation applicable to the short film review videos,which has led to the confusion of judicial decisions.The third part is the extraterritorial comparison of the recognition of the fair use of short film reviews.Through the elaboration of the history of the international three-step test method,the correctness of the current three-step test method in China is clarified.The measurement standard of the United States copyright law is the four-element theory.The first element derives the widely used transformative use rules,which focus on whether the function or purpose of the original work can be changed,and has new expression,new meaning and new information.This paper demonstrates in detail the feasibility of transplanting transformative use rules in China,and provides a way to solve some of the problems described in the second part.The fourth part is the improvement of the recognition of the reasonable use of short video in China.First of all,it is necessary to clarify the two preconditions for reasonable use summarized in this article,namely "the name of the author and the name of the work must be specified,and the object must be the published work";Secondly,the elastic standard is used to determine whether the use behavior belongs to 13 legal and reasonable use situations;Finally,the last two steps of the three-step test method are judged by combining the characteristics of short video and film and television works of film review after the four elements are reorganized.It is worth noting that the second kind of legal situation should be applied to the short video of film review.At this time,the "transformative use rules" should be used to help determine whether it belongs to "appropriate reference".The above steps are strictly progressive.After the whole process is completed,the user can be identified as a reasonable use.