Research On The Issues Of Fair Use Of Copyright Applicable To Short Video Creation

As a new phenomenon,short-form video has given rise to copyright infringement issues while promoting the booming industry.The academic community has paid much attention to the issue of whether the fair use system can be applied to the creation of short videos,which is an emerging technology that brings about copyright protection.Some scholars believe that fair use cannot be applied to short-form video creation,while many other scholars have put forward different views in conjunction with theories such as transformative use.In view of the fact that short-form video creation meets the realistic needs of today’s information age with its unique characteristics,it is important to link the emerging short-form video industry with the fair use system in the field of copyright law,to sort out the criteria for determining fair use,the historical development of the theory of transformative use and the conditions of application in a more systematic manner,to integrate the basic legal rules into the special type of industry,and to promote the better development of the new industry while making up for the shortcomings caused by the lagging legal rules.It is of great theoretical significance and practical value to integrate the basic legal rules into the special type of industry and promote the better development of the new industry while making up for the shortcomings caused by the lagging legal rules.When certain conditions are met,the legal rules on fair use of copyright can be applied to short-form video creations.Short video creations are special in that,in addition to the short duration of the work,they are also characterised by a low threshold for creation and quick entry,catering to the trend of fragmented consumption and having strong social and communication attributes.With the gradual improvement of laws,regulations and departmental rules in the field of emerging technologies and the subsequent refinement of relevant regulations,the application of the fair use system to short-form video creations can help maintain the balance of interests in the online environment,promote the sharing of cultural information resources and ensure the stable development of the short-form video industry.The jurisprudential basis of the fair use system in legal philosophy,constitutional law and economics makes the application of fair use to short-form video creation more justifiable.The fair use standards under different legislative models have their own advantages and disadvantages,and their existence has a certain degree of reasonableness,so we can appropriately draw on their reasonable elements.When applying our "appropriate citation" standard to the fair use of short-form video creation,there is an obstacle to judging the "appropriate" standard.Therefore,it is necessary to improve the legal provisions of China’s fair use system and to construct legal rules for the application of transformative use in short-form video creation.