| With the development of media technology and the improvement of users’initiative,the influence of mashup video is increasing day by day.At the same time,there is an imbalance between the copyright pattern and the distribution of interests,which also makes the copyright problem of mashup works more and more prominent.In the digital age,it is more convenient to copy and spread works.The progress of culture is more and more due to the reference,absorption and creative use of previous works.However,according to the current laws,the second creation based on the existing material,such as mixed video,is likely to infringe on the original copyright owner’s right of signature,adaptation,information network dissemination and protection of the integrity of the work.In this context,it is of great significance to clarify the copyright disputes of mashup videos,explore specific and feasible copyright authorization methods,and promote the healthy development of mashup videos.In this paper,the methods of in-depth interviews and participatory observation,combined with the current communication practice,domestic and foreign legal provisions and related judicial cases,try to explore the background,the interests behind the disputes,the current governance dilemma and possible ways to relieve the disputes.It is found that the mashup video is not the original content in the Internet era,and it can be traced back to the image collage and combination behavior of TV drama fans in the 20th century.In the Internet era,the paradigm of content production and dissemination has changed.With the empowerment of technology,the creation threshold of mashup video is lowered,the scope of communication is expanded,the influence is constantly improved,and the commercial value is highlighted.With the emergence of new business interests and revenue models,the distribution of interests among different subjects is unbalanced,and the copyright problem of mashup video is becoming more and more serious.According to China’s copyright law,mashup video has a certain infringement risk because of the use of existing works,and it may also meet the "fair use" situation stipulated by law,thus obtaining the possibility of exemption.However,at present,the stipulation of "fair use" in Chinese law is not clear,and the original copyright owner(usually a long video platform),the mashup video creator and the mashup video communication platform(usually a short video platform)have not reached a consensus on "the boundary between infringement and legality in the use of works".The seemingly safe practice of "obtaining authorization according to relevant procedures" is also difficult in terms of authorization channels,authorization costs and authorization efficiency.At the same time,another important subject in the copyright dispute,the creator of mashup video,is in a weak position in the game of long and short videos,making it difficult to have an equal dialogue with long and short video platforms.However,as an important subject of mashup video copyright governance,the platform responsibility and duty of care are also controversial at this stage.Under the wave of digitalization,,strengthening the copyright governance of mashup videos can appropriately expand the boundary of "fair use" and reserve some creative space for valuable mashup videos.At the same time,it is necessary to refine the discrimination criteria for different types of mashup videos,so as to promote all sectors of society to form a unified understanding of the processing countermeasures for mashup videos.In addition,it is equally important to build a copyright authorization channel with transparent information,convenient operation and reasonable cost.In this process,the short video platform should actively take responsibility and improve its duty of care,and the original copyright owner,mashup video creators and relevant industry organizations should cooperate to jointly improve the governance effect and level of mashup video copyright issues. |
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