Research On The Fair Use Of Copyright In Mash-up Short Video

The development of Internet technology is constantly changing the way of life of the public.Nowadays,the public is flooded with massive information,and the public tends to use fragmented time to obtain information.As a result,the emerging field of short video emerges.As a popular way of network communication,short video is developing rapidly and has unexpected commercial potential.However,at the same time,the legal issues related to short video industry are increasingly not to be ignored.Mash-up short video is a kind of short video,which has the advantages of low production threshold and strong inclusiveness,and occupies an important position in short video.Mash-up short video is not from scratch,but based on the previous works,copy,quote,adapt and re-edit to generate new content.The generation of mash-up short video has natural defects in copyright.Unauthorized use of other people’s copyrighted works is suspected of infringement,and producers of mash-up short videos generally explain the legality of citing by fair use.Fair use is a system that restricts the exclusive rights of copyright owners.Its core purpose is to balance the private rights and public interests of copyright owners and avoid the dissemination and use of copyrighted works being absolutely monopolized,which reflects the fundamental purpose of copyright law to encourage the creation and dissemination of beneficial works.Under the network environment,new creation modes such as user-generated content and secondary creation have aroused many discussions and reflections on the system of fair use of copyright.It is unavoidable to use other people’s works in the production of mash-up short video.Whether it is reasonable use is crucial to judge whether mash-up short videos are infringements.At present,there are disputes in the legal circle on this issue,and it is impossible to reach a clear and unified conclusion according to the current copyright regulations.In order to solve the existing disputes,it is necessary to re-examine the application of the fair use of copyright system in the field of mash-up short video.This paper first defines the related concepts,characteristics and types of mash-up short video,and expounds the fair use system of copyright,so as to have a preliminary understanding of the research object of this paper.Then it introduces the controversy over whether the use of other people’s works in mash-up short videos constitutes fair use in the academic circle,and sorts out the legislation and judicial practice of fair use of copyright in China,so as to intuitively understand the fair use judgment of mash-up short videos.In the process of summarizing the status quo,found a short video is difficult to be judged in the sense of rational use of traditional copyright law,and the best of "personal use" and "appropriate" reference law rules of fuzzy problems of the existing laws and regulations and standard not directly provide legitimacy explanation for mash-up short video.The "transformational use" theory in the United States and the transformation of the legislative model in Germany and Japan provide a new solution to the problem of fair use in China.Finally,starting from the judgment of mash-up short video,the paper examines the circulation between legislation and judicatory,domestic and overseas,and makes clear the judgment basis and standard of fair use,so as to improve the fair use system of copyright in China.Although technological innovation and commercial development continue to influence such emerging things as short video,whether mixed short video constitutes fair use should be analyzed and judged under the framework of relevant legislative provisions and judicial practice.In terms of legislation,the scope of fair use should be prudently expanded according to actual needs.For new situations,the lag of laws can be changed by adding separate regulations or issuing judicial interpretations.Judicial trials should also be adjusted dynamically with legislative changes,and the criteria for reasonable use should be clarified by issuing guiding cases and introducing excellent overseas experience.Only by improving the system of fair use of copyright with The Times can it provide correct legal guidance for new things such as mixing and cutting short videos and give more space for cultural innovation.