Research On The Fair Use Standard Of Network Mixed Clip Video

As the current popular way of Internet communication,mixed clip short video countless.The analysis of cloud data and intelligent recommendation have also brought more commercial value to the We-Media.The video creation industry has also become a choice for more people to start their own businesses.The traces of mixed clips can be seen everywhere on major network video playback platforms,but at the same time,there is also a problem of video infringement.Through the research and analysis of this paper,it is of great significance to determine the legal nature of mixed clips,clarify the scope of their rational use,and study the measurement standards for the rational use of mixed clips,which is of great significance to protect video creators and promote the healthy development of mixed clips video industry.The first part introduces the concept and main features of mixed clip video,and then explains the classification of different mixed clip video,according to the creation process of mixed clip video itself,explains the originality reflected in what aspects,and analyzes the legal nature of mixed clip video,explains how to judge the originality of mixed clip video in practice,how to reflect the content of originality.The second part starts with the tort cases of mixed video clips,focusing on analyzing the focus of controversy.Three different typical cases are used to illustrate whether the mixed-cut video is a work in the legal sense,to point out the judgment standard of video originality,and to explore the application of reasonable use in current practice.At the same time,different types of mixed clip video are classified and analyzed to distinguish between reasonable use and unreasonable use.This paper also analyzes the problems existing in the rational use system of different types of mixed video clips,so as to better put forward relevant countermeasures later.The third part draws lessons from the experience of international conventions and other countries on the fair use system,and refers to the relevant standards of extraterritorial systems,such as the ’four-factor law’ in American copyright law,the ’two-step six-factor law ’ in Canadian copyright law and the ’free use’ rule in German copyright law,so as to carry out the localization transformation,so as to enrich and expand the standard of the rational use of mixed video in China,and better regulate the creative behavior of mixed video.The fourth part is on the basic of the first three parts,the reasonable use of mixed video system put forward judicial Suggestions.First of all,on the basis of the application of the system to seek the balance point of private interests and public interests.Secondly,establish a ’ reasonable ’ measurement standard,standardize video creation behavior.Finally,the introduction of open legislative model to adapt to the current changing video infringement cases.