| The rise of short news video has a great impact on the news industry,making the copyright ecology of the news industry undergo great changes,and the main contradiction is no longer the opposition between the creator and the user.Hundreds of millions of users are both users and main creators of short news videos.By taking advantage of market and technology,the platforms obtain copyright from users and become the copyright owner.In the copyright ecosystem of short news video,copyright owners occupy the advantage.In order to realize substantive justice,make up for market shortage and safeguard public interests,the fair use of short news video works must be paid attention to.Although the newly revised Copyright Law has improved the fair use system,the provisions on fair use are still abstract,resulting in inconsistent judgments.These need to be further clarified so as to make it easier to identify the fair use of short news video works and avoid inconsistent judgments in judicial practice.It also prevents users from opting out for the results are unpredictable.Based on the impact of short news videos on the copyright system,this paper explores the applicable boundary of fair use.The article consists of four parts:The first part defines the object and significance of the study.Firstly,it explores the impact of short news video on copyright,and puts forward that short news video gives full play to the advantages of digital network.Secondly,the short news video is divided into simple fact short news video and short news video works.Thirdly,it demonstrates the value of fair use of short news video works from two approaches of law economics and constitutional jurisprudence.Fourthly,based on the research and analysis of the propaganda organs in Shanxi Province,the value of fair use of short news video works is analyzed.The second part analyzes the relevant cases,finds the dispute points in the cases,and concludes the main dispute points in the determination of fair use of short news video works--whether the influence of behaviors is comprehensively considered,whether the obligation of indicating sources is considered,whether the legal situation of fair use is constituted,and the influence of other systems such as contracts.The third part discusses the causes of the fair use disputes of short news video works,and points out that there are three problems: the regulations of fair use system are vague,the regulation of the obligation of indicating sources is not reasonable,and the relevant systems have defects.The fourth part,aiming at the causes of disputes,puts forward the suggestions to improve the fair use system of short news video works: improve the fair use system to avoid disputes;make clear that the obligation of indicating sources is an independent obligation;improve the system of copyright contracts and technical protection measures to avoid conflicts between copyright contracts and technical protection measures and the system of fair use. |
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