| In the current cultural and entertainment industry,short videos occupy an important part.Among the massive short videos,short videos that rely on combining and editing other people’s works for remixing creation are especially concerned and loved by users.The charm of short video Remix creation lies in the fact that multiple works or pieces of works are remixed together under the editing of the creator’s ideas,bursting out completely different expression effects from the original.This kind of creative work makes remixing short videos enough to meet the requirements of works in the sense of copyright law.Although the short video Remix creation uses other people’s works,the rules of fair use provide legal support for it.Therefore,the short video Remix creators can also stand up in copyright disputes.The short video remixing creation market is developing rapidly,but the standards for determining whether the remixing creation infringes are not unified in practice,which brings a great risk of infringement to the short video remixing creation.In order to avoid legal risks,if the creator obtains the authorization of the original obligee before creation,he will face the problem of cost.Different from the general secondary creation,there are not a few work elements used in remixing creation.The process of obtaining the consent of the author and negotiating the cost one by one will greatly consume the time and energy of the creator and greatly increase the cost,thus limiting the development of short video remixing creation.The infringement risk and authorization efficiency of short video Remix creation require the short video Remix creator to reach an authorization agreement with the original obligee and establish an efficient cooperation mechanism.However,this problem does not only exist in the field of remixing creation.There have been many cooperative explorations on the use of works in various scenarios: legal license,implied license,centralized license of copyright collective management organizations and public agreement license.Although short video Remix creation can bring great benefits to copyright cooperation,and there are also many cooperation modes that can be used for reference,there are few applicable cases in practice,which has led to thinking: what are the obstacles in the implementation of cooperation in the use of works? From the perspective of law and economics,we can understand the reasons: the main obstacles that hinder the cooperation between obligees and users are the obstacles of external rules and endogenous forces,which point to the "Coase Theorem" and "Nash equilibrium" in the principles of law and economics respectively.The conclusion of the scholars’ theoretical analysis of these two theories provides ideas for promoting the cooperation between the creators of short video Remix and the obligees of the original works: establish a clear property right system and the consistency of the main interests of both parties,and form a voluntary agreement on this basis to achieve the ultimate purpose of cooperation.Compared with the above academic exploration paths,the public license agreement respects the autonomy of both parties to the greatest extent and reduces the modification of the legal system to the greatest extent.It is the most suitable copyright cooperation agreement framework for short video Remix creation.Under this framework,supplemented by the protection of royalty system and blockchain technology,we can promote the copyright agreement cooperation of short video remixing creation.If we can,according to the Enlightenment of the principles of law and economics,strengthen the clarity of the property right system and the consistency of the main interests of both sides through the corresponding adjustment of judicial standards,the agreement and cooperation between the two sides can be further consolidated. |
