Research On The Legal Issues Of Short Videos Of Secondary Creation Of Film And Television Works

Led by the wave of scientific and technological innovation,the short-form video industry has emerged and developed rapidly.With its unique advantages,the secondary creation of short videos is growing in the field of short videos,gradually becoming a hot creative type of short video platform to obtain traffic,however,the controversy about the infringement of the secondary creation of short videos of film and television works has become more and more intense.However,the controversy over the infringement of second-created short videos has become more and more heated.Second-created short videos have the legitimacy of fair use,reflecting the public’s freedom of speech and expression,in line with the pursuit of public interest and the value of the balance of interests theory,and to a certain extent can encourage public innovation and realize the value of efficiency.Therefore,it is necessary to give a certain amount of space for the fair use of short videos of secondary creation of film and television works.In judicial practice,there are limitations in the application of the fair use system to the secondary creation of short videos of film and television works.This is mainly reflected in the fact that the statutory circumstances of the purpose of use in China’s fair use system are not adapted to the development needs of short videos of secondary creation of film and television works,the criteria for determining appropriate references are vague,and it is difficult to identify the potential market impact.In the dispute of infringement of short videos of secondary creation of film and television works,when the fair use defense of the short video involved cannot be established,it often leads to the problem of determining the liability of the short video platform.In the determination of infringement liability of short video platform,it is found that the determination standard of short video platform as direct infringer is unreasonable,the application of "safe harbor" rule in the determination of indirect infringement liability lacks operability and effectiveness,and the determination of short video platform’s duty of care under the "red flag principle" is controversial.The determination of the platform’s duty of care is controversial.Therefore,in view of the existing problems,it is necessary to further improve the relevant system and find a way to alleviate the dilemma of short video infringement for secondary creation of film and television works.The first is to improve the fair use system based on the legislative concept of balance of interests,optimize the scope of the purpose of fair use,clarify the judgment of "appropriate citation" citation ratio,and comprehensively consider the market impact of the secondary creation of short videos on the original film and television works.In addition,it is necessary to further clarify the determination of indirect infringement liability of the network short video platform,clarify the specific provisions of the "safe harbor" rule and clarify and improve the short video platform’s duty of care.In order to promote the standardized development of the short video industry of secondary creation of film and TV works,it is also required to provide a more convenient environment for short video producers to obtain authorization of film and TV works,improve the copyright licensing mode of film and TV works,improve the collective management system of film and TV copyrights to meet the authorization requirements,build a unified authorization licensing method for platforms and establish a copyright compensation system.Through multiple co-management,in order to balance the interests of film and TV work rights holders,creators and short video platforms,optimize the ecology of online video industry and promote the orderly development of short video industry.