Research On The Fair Use System Of Film And Television Commentary Videos

With the rapid development of the Internet and the arrival of the 5G era,various social platforms are thriving like mushrooms after rain,occupying a large amount of people’s leisure time.At the same time,network users are not only unilateral recipients of information,but also creators and disseminators of information.The sense of freedom and weak boundaries in the online field has generated a stronger desire for expression and creativity among the public.They publish their own created content on social platforms for the purpose of showcasing themselves or hoping to gain recognition from others.In this context,film and television commentary videos have emerged as a new form of communication,sweeping across major social platforms in an unstoppable manner.This type of video has attracted a large audience due to its short duration,fast pace,diverse forms,and low production threshold,forming a stable audience group.However,with the rapid development of film and television commentary videos,there are also many legal ambiguities.As a new type of creative video,film and television interpretation video has a variety of types.This paper will make a preliminary typological analysis of it.The film and television interpretation videos with different forms are mainly divided into two categories: story introduction video and interpretation-oriented video.The latter can be subdivided into parody roast video and in-depth interpretation video.Then,from the perspectives of industry development needs,achieving a balance of interests,and finding a balance between copyright protection and freedom of expression,as well as from the perspectives of legal philosophy and constitutional law,it is explained that the fair use system is more suitable for legal regulation and protection of this type of video,especially the latter two types.Subsequently,a review of current cases related to the fair use of film and television commentary videos was conducted and typical representative cases were selected.Based on the current legal provisions that may be applicable to film and television commentary videos,the problems with the fair use of film and television commentary videos were pointed out.Firstly,there is a lack of general provisions in the fair use system,and the newly revised Copyright Law still adopts a closed legislative model,Unable to provide effective guidance for new types of works beyond statutory circumstances;Secondly,the rational use of legal types is limited,making it difficult to cope with the complex practical needs.As a new type of work,film and television commentary videos find it difficult to find their own positioning;Finally,there is ambiguity in appropriately citing clauses,and legislation only stipulates their basic meaning without further explanation,resulting in different judgment standards in judicial practice on whether film and television commentary videos can constitute reasonable use.Next,we will search for extraterritorial fair use systems applicable to film and television commentary videos,such as the "three-step test" in the Berne Convention,the "four element law" in the United States,and the "parody works" in copyright laws of countries such as Switzerland.We will analyze China’s film and television commentary videos under extraterritorial systems to determine whether such videos constitute fair use.After categorizing and discussing film and television commentary videos,identifying practical issues,and comparing foreign experiences,suggestions for improving the reasonable use system for film and television commentary videos have been drawn.Firstly,it is necessary to improve China’s existing fair use system and add general fair use clauses in conjunction with the "Four Element Law";Secondly,the concept of "parody works" can be borrowed to create new types of fair use,including two methods: directly adding new types of fair use in Article 24 of the Copyright Law or using a cover clause to create new types of fair use;Finally,we can also expand the interpretation of the "appropriate citation" clause,such as issuing relevant judicial interpretation or issuing relevant guiding cases.