Study On Reasonable Use Of Mixed Video

In recent years,with the rapid development of the Internet and the rapid rise of mobile social platforms,short video emerged as a new mode of communication.With the characteristics of rich content,short time,various forms and low production threshold,the new communication mode of short video caters to the needs of the fast-paced life of the present society,quickly attracts a large amount of traffic and forms a stable user group.However,behind the booming development of short video,various infringement phenomena occur frequently,especially the new type of spliced video represented by mixed clip video emerges in an endless stream,and whether such video constitutes fair use or infringement,there is no unified view in the industry.However,the existing three-step inspection law in China’s copyright law is too rough and difficult to be applied in judicial practice,which often leads to the problem of "different judgments in the same case",which objectively damages the judicial credibility.Mixed cut class video as a new type of splicing video,sort is various,this article will carry on the preliminary analysis of the typing,will form the different editing video is divided into "comment","parody" and "other reappearance type" three types,also suggested that the introduction of the United States transformation using the theory to analyze interpretation rules,advocated to mix different kinds cut video discussed respectively,For video types that cannot be recognized as fair use,it is suggested to increase the types of legal license and establish the system of copyright sharing and compensation,so as to achieve the balance between copyright protection and the interests of freedom of expression.The main body of this paper consists of four chapters.The main content is as follows:In the first part,the concept,characteristics and production process of mixed video are briefly introduced,and the development status of the mixed video industry is analyzed.This paper makes a categorical analysis of the main existing mixed-cut videos,and points out that there are some problems in the development of mixed-cut videos,such as the conflict of interest between the original author and the second creator,the inconsistency of relevant judicial judgment and the one-sided crackdown of administrative supervision.The second part,in the first part of the paper as the foundation,further put forward the our country at present the defects of the system of fair use,put forward the reasonable use system applied in the field of mixed cut video dilemma,and separately from the legislative mode and specific terms and conditions are analyzed,it is concluded that the mixed cut video disorderly as part of the reason is caused by current law loopholes and defects.In the third part,it is suggested to introduce the American transformational use rules to improve the fair use system in China.This paper first introduces the origin and development of transformational use rules,then analyzes the benefits that transformational use rules can bring to improve China’s fair use system,and finally analyzes the feasibility of introducing transformational use rules into China.The fourth part,proposed consummates our country the rational use of existing system,introducing the transformation rules,clear transformation rules using standard,suggest increase general rules,for the typed analysis of video classification circumstance processing,can be used through transformation into rational use,can’t cut video mixing type suggest additional categories of legal license,The system of shared copyright and compensation is introduced to achieve a win-win situation between copyright and free creation.