Research On The Reasonable Use Of Works In Short Video Of Film And Television Commentary

As an emerging secondary creative work,short videos of film and television commentary have caused a series of conflicts of rights under the current copyright law.The unclear boundary between infringement and fair use,the unbalanced development of the principle of fair use,and the inability of the traditional licensing model to meet the needs of users are the main reasons why it is difficult for short videos of film and television commentary to constitute fair use.According to my country’s Copyright Law,short videos of film and television commentary can find limited space for fair use by citing appropriate reference clauses,but there are obstacles or limitations in application.Introducing transformational use rules is a feasible path to solve the problem of reasonable use of short videos of film and television commentary.Transformative use rules should be introduced on the basis of our country’s copyright legislation to solve the problem that secondary creation is difficult to constitute fair use.The standard of content conversion and general rational public is the focus of judging whether short videos of film and television commentary constitute fair use.In order to solve the difficulty in determining the reasonable use of short videos of film and television commentary in my country,the restrictive effect of the "notice-delete" principle on short video platforms should be strengthened,the platform’s duty of care should be specified,and short video platforms should be transformed into active censors.Transformational use transforms appropriate reference terms.Improve the consideration factors for judging the reasonable use of secondary creative short videos.Build a compensation mechanism based on market-oriented operations,and improve the authorization mechanism for secondary creation of short videos based on the principle of authorization and reasonable use as an exception.