Research On The Reasonable Use Of Short Video Works

Fair use of copyright law is using the published works by others under the laws and regulations without payment and agreement from the owner also is not infringement.Since the mobile-internet era comes,all kinds of self-media growing fast and become the focal of social platforms.At present,the hottest short video is represented by TIK TOK and QUICK.Short video with easy making,efficient interaction which cause people prefer it very much.From the short video you can enjoy the wonderful scenery or get satisfaction from your works which has deeply booming the socialist culture market.But we have to mention that in the short videos there are many works which are under the protection of the copyright law been reprinted,adaptation and stealing;the right of copyright holder is violated.On the one hand the high demands of the vast people obtain the information from the new media and enrich the daily life;on the other hand the copyright holder wants their works been protected by the law and requires the deserved payment.The conflicts between the two parties-copyright holder and social public conflict need using the fair system to solve it.This paper includes six parts:The first part briefly introduces the development situation of short video and analyses the features of short video which are ‘low threshold',‘more resources' ‘high effectiveness' and‘easily interaction';then summarized the features of short video copyright: fragile exclusive right,weaken regionalism and easily infringement.The second part analyses the challenges from self-media which represented by the short video using fair system to solve it.With the development of The Times and the adjustment of the law,the copyright holders right has been enlarged,the range of fair use has been shrank,the boundary between fair use and infringement and piracy has been blurred.The third part argues the legitimacy of reasonable using short video under self-media era.Introducing the two views that existing or abolition on fair use system and analysis the fair use function from jurisprudence,constitution and legal economics,and finally to improve the necessity of fair use existing is reasonable.The forth part introduces the regulations about reasonable under international convention,development of fair use in Europe and America.The fifth part analyses the insufficient of fair use system in China: prior to public law and limitation using of private law on legislative concept;the limitation using of rule on legislation model;the existing judgement standards shrink the range of fair use and the rules on the platform responsibility are injustice.The sixth part proposes the improved suggestion to fair use system in China: insisting the balance of interest;choosing legislative model under the “rule plus enumeration” mixed model;choosing the “substantial benefit”objective standard for judgement standard;improving the short video platform responsibility provisions and improved the collective management system.