Research On The Fair Use Of The Original Work In The Re-creation Short Video

The fair use system in the "Copyright Law" means that under special circumstances stipulated by the law,there is no need to get authorization from the copyright owner,nor pay the copyright owner,and people can use the work that others have already published.The establishment of this system is in accordance with the Copyright Law’s goal,which balance the interests of copyright owners,users,and the general public.While enabling the copyright owners to get rewards from their works,it also ensures that the public can access and use the works,thereby promoting the rapid development of culture.With the development of the Internet and self-media,and the advancement and popularization of video production technology,re-creation short video has become an important form for people to participate in cultural and social life.Under a participatory culture,audiences are no longer pure consumers,they can use their creations to become producers and prosper the social and cultural market.However,the re-creation short video is a result based on the work of others,and the use of the original work will inevitably face whether it is an unauthorized use of copyright infringement.On the one hand,copyright owners want their rights to be protected to the greatest extent;on the other hand,the public hopes to express their views and participate in cultural production through the use of original works.Some copyright owners value the publicity effects brought about by public participation,and even use incentive measures to encourage the public to participate in the re-creation activities.But some copyright owners use the public participation in the re-creation to achieve the publicity effect and then claim "copyright infringement" to request the removal of the re-creation short video.The current "Copyright Law" in China cannot provide legal explanations for the use of new types of works in the current environment,and these use behaviors conform to the legislative intent of fair use and should be protected by the fair use system.The four-factor doctrine in the United States and the development of transformative use provide a reference for the solution.Therefore,combining with the existing system of China’s copyright law,this paper puts forward its own suggestions to solve the fair use problem of re-creation short video by referring to the transformative use.This paper is divided into three chapters.The first chapter defines the re-creation short video to be studied in this paper,and classifies the common re-creation short video in the current network environment.There are two different views on whether the re-creation short video constitutes copyright infringement or fair use of the original work.There are two reasons why this disagreement cannot be resolved by China’s current copyright law: the current specific circumstances of fair use have not adapted to the changes of the current environment;the law is ambiguous and the relevant rules are not clear.The second chapter points out that it is difficult for China’s current copyright law to solve the problem of fair use of re-creation short video.Scholars turn their eyes to the "four-factor doctrine" of fair use in the United States with "transformative use" as the core.This paper introduces the development process of transformative use and its judicial practice,and discusses the connotation of transformative use.“Transformative use” is significant to include the use which is conforming to the goal of fair use into the legal protection.It not only reflects the balance of interests of multiple subjects in re-creation short video,but also protects the legitimate interests of copyright owners,while ensuring the public’s contact and use of the works,so that they can express their views and participate in cultural creation.Moreover,the establishment of rule is conducive to providing clear guidelines for people and court trials,ensuring the stability and flexibility of the law.The third part discusses the legitimacy of using transformative use as a solution to the fair use of re-creation short video and the establishment of specific rules.In the setting of specific rules,we must fully understand the legislative and judicial foundations of China,and establish the transformative use rule suitable for China,in order to solve the problem of the fair use of original work by the re-creation short video.Including paying attention to the connection between transformative use and China’s fair use system;the identification of transformative use is carried out from the perspectives of transformation of content and purpose;taking the perspective of ordinary rational audience as the criterion for the transformation of the re-creation short video;the concrete application of transformative use in the common re-creation short video.