Research On Reasonable Use Of Second Creation Short Video

At present stage,the different ruling standard of the fair use of the second creation of the short video has caused confusion in the judicial application of the fair use of copyright in our country.As a result,the reasonable use system can not resolve the conflict between the right holder and the second creator.To meet the practical needs,the "four elements" standard and "transformational use" can be introduced to our country,and the criterion for the fair use of the recreation short video can be unified.The law gives legitimacy to the protection of the copyright of the original works,and from the perspective of law,economy and society,the original short videos of secondary creation should also be protected by the copyright law.For the conflict between the two parties,the fair use system should be used to find a balance of interests and encourage the innovation of the secondary short videos within the scope of fair use.Through empirical analysis,this paper finds that judges have adopted at least four judgment criteria in determining whether the secondary creation of short video is fair use,which are the relevant provisions of fair use in Chinese regulations,the "three-step test" of international convention,the "four elements" standard of American copyright law and the "transformational use".The relevant provisions of fair use in Chinese laws and regulations are mainly based on Article 24 of the Copyright Law and Article 6 of the Regulations on the Protection of the Right of Information Network Transmission.As our system of fair use still adopts the closed legislation mode,under the circumstances of the "three-step test standard method" is too strict and abstract,the combination of the "factor standard" to judge can provide more careful consideration to the judicial factors.Specific analysis of the "four factor" standard in our country can be made from the three aspects of purpose,amount and result of quotation.And according to the classification of the second creation of short video,the specific analysis of its reasonable use.However,the newly introduced criterion does not accept the whole.In view of the abuse of "for-profit" in our judicial system,we should pay attention to the fourth element of the "four-element criterion" and reduce the investigation on the citation proportion of the citation part in the second creation of short videos,so as to better adapt to our development situation.The inconsistent judgment criteria for fair use exacerbates the conflict of interest between originators and secondary creators.In this regard,all sectors of society need to explore a long-term mechanism to maintain the interest balance between the two,and establish an interest compensation mechanism to compensate the loss suffered by originators due to the citation of secondary creators.Use blockchain technology in big data to establish a new smart contract authorization model and smooth authorization channels;Promote knowledge sharing protocol,make the use of secondary creation more reasonable,reduce litigation disputes,and help the secondary creation of short video industry to move forward steadily.