Research On The Copyright Of Film And TV Drama Commentary Videos

The creation of film and TV drama commentary videos will use the pictures,audio and music of previous works,which has triggered many copyright disputes.The creators are very professional.They usually use professional editing technology and splicing skills to create videos.Profitability under the commercial operation mode of the platform is also its remarkable feature,The so-called "User Created Content" cannot be used as a reason for exemption.First of all,whether such videos infringe the legitimate rights and interests of the copyright owners of previous works cannot be judged "across the board",but need to be scientifically classified through the two dimensions of "picture" and "plot".Through the classification,it can be found that only "Picture + Plot","Plot Only" and " Internalized Picture" are worth research and discussion.Secondly,in order to cope with the changes brought about by the Internet era,the scope of fair use in China can be limited by the transformative use theory,and limited by the three-step test method.Through this innovative fair use judgment model,three types of videos can be tested respectively."Picture + Plot" video is the most likely to infringe the legal rights and interests of the copyright owner of the original work;The "Plot Only" video usually does not involve infringement,because this kind of video uses the idea of the original work,and the copyright law does not protect the ideological level;" Internalized Picture " video is most likely to be regarded as fair use.Finally,in order to make such video creation easier to obtain authorization,it is necessary to change the monopoly and uniqueness of the collective copyright management organization,allow the video platform to cooperate with many copyright owners and conduct centralized authorization,the video platform should timely add copyright digital management information to the copyright works it manages,and the relevant authorization-creation income distribution provisions should be reasonably formulated on the premise of coordinating the interests of multiple parties.