Study On The Identification Of Fair Use Of Secondary Creation Short Video

Secondary creation short video is a new thing with the development of digital technology.It has become an important form for people to participate in social and cultural life,and an important carrier for the public to participate in cultural creation and express their personal feelings.Whether the use of others’ previous works is an infringement has been widely concerned by the society,which has brought new challenges to the existing fair use system in the determination of legal application.Considering the future development of secondary short video industry,China’s laws must respond to this problem.Therefore,this paper takes the problems in the fair use identification of secondary short videos as the starting point,and through the analysis of these problems,puts forward relevant suggestions to improve the fair use identification in China,so as to provide a better development space for secondary short videos.The thesis is divided into four parts:First of all,it makes a basic theoretical analysis on the premise of fair use identification for secondary creation short videos.This paper defines the concept of secondary short video,and sorts out the classification of secondary short video,so as to have a clear understanding of the research object of this paper.It conforms to the principle of balance of interests of fair use system and the value of fair use system,and can be defended by fair use.Secondly,the related cases of fair use of secondary short videos are sorted out and summarized,and we have a certain understanding of the judicial status of such cases.Specifically,compared with the infringement phenomenon in real life,the number of prosecutions of such cases is small,the cause of action is mostly disputes over the right of information network communication,and the types of works involved are complex and diverse.After further understanding of the case,it is found that the courts have different paths when trying such cases,and the cognizance of fair use of secondary short videos is extremely strict,and the judgment effect is not ideal.Then,it examines the identification of fair use of secondary short videos in practice.China’s current fair use system has a closed clause,which leads to an expansive interpretation of fair use certification in practice,which leads to the diversification of fair use certification standards and the inadequacy of all standards.In addition,the courts have different perspectives when judging fair use standards,so it is more blind and arbitrary when determining fair use.Finally,based on the feedback from judicial practice,the fair use identification rules of secondary short videos in China are improved from three aspects.First,it is more appropriate to change the bottom clause to "other circumstances";Second,formally establish the four-element method as the standard of fair use,so as to define "other situations";Finally,the idea of fair use standards in specific application has been adjusted to ensure the more accurate implementation of the law and realize the good interaction between legislation and judicature.