Research On The Identification Of Fair Use In Short Video Productio

The rise of the short video industry in the The Internet Age has greatly enriched the content of the existing cultural field.At the same time,copyright infringement disputes arising from the production of short videos have also increased accordingly.In order to promote the development of the short video industry,not all acts of using other people’s works to produce short videos without the permission of the copyright owner should be recognized as copyright infringement,and a considerable part of them can be classified as fair use,Therefore,it is necessary to clarify the legal boundaries of using others’ works in short video production.Accurately applying the fair use system to determine which behaviors of producing short videos belong to fair use is of great significance for the development of the short video industry.The analysis of the current situation of fair use in short video production can help clarify the necessity of research on the recognition of fair use in short video production.At the same time,to make the research more targeted,the research object is clearly the re-creation of short videos made from existing work video materials,and it is also necessary to clarify that China is very firm in choosing the "three-step test method" for the recognition of fair use,on this basis,it is proposed that the determination of fair use in short video production is unclear about the types of fair use involved in short video production,whether the use of others’ works is "normal",and whether the impact is "reasonable",and an analysis is conducted based on this logic.Firstly,the five most typical situations involving fair use in short video production were discussed: "appropriate citation","personal use","execution of official duties","use in news on current events",and "use of speeches at public gatherings".At the same time,a theoretical analysis was conducted on the undercover situation.Secondly,analyze the definition of "normal use" in short video production from the perspectives of "necessary" use and relative "normal" use,quantitative standards and market impact standards,and exclusion of alternative and competitive use.Thirdly,the analysis of "having to reasonably harm the legitimate interests of the copyright owner" in short video production is to first distinguish it from "not affecting the normal use of the original work",and then discuss "reasonable use" and "unreasonable damage" separately from the perspective of short video production.At the same time,an analysis was also conducted on the five typical types of fair use of short videos mentioned above,including "not affecting the normal use of the original work" and "having to reasonably harm the legitimate interests of the copyright owner".Finally,based on the aforementioned analysis,a relatively clear conclusive standard has been proposed for the determination of fair use in short video production.