Research On The Fair Use Of Secondary Created Short Video

As a new thing born under the wave of rapid development of digital technology,the secondary creation of short video has become the main way for people to express their personal feelings and participate in social and cultural life,as well as an important window for social public cultural creation and communication.The legislative intention of fair use system of copyright law is to balance the interest contradictions between creators,originators and the public,hoping to ensure the benefits of originators while enabling the public to legally use the works and promote cultural innovation and long-term development.When the secondary creation of short videos takes the published works of others as the carrier for innovation,its use of others’ works will inevitably face the question of whether it is fair use or infringement.Therefore,this paper takes the problems existing in the identification process of the fair use of the secondary creation short video as the starting point of the study,through combing and analyzing the problems,and puts forward some suggestions in line with the current situation of the fair use system in our country,so as to create a better environment for the development of the secondary creation short video industry.First of all,the typical cases in judicial practice are selected to introduce three problems in the fair use of secondary creation short videos: fuzzy originality identification standards,unclear standards of fair use statutory provisions and diversified standards of fair use system identification.On this basis,the definition of the concept and type characteristics of the secondary creation of short videos are sorted out and summarized,and the connotation of the object to be studied in this paper is clarified.The second creation of short videos meets the legitimacy requirements of the fair use system and can be justified on the basis of fair use.Secondly,through further analysis of the problems existing in the case,it is found that the legislative mode of fair use system and copyright licensing system are difficult to adapt to the complex and changeable situation of copyright protection in the digital era,and the system operation effect is not ideal.Finally,the paper uses normative analysis and academic analysis methods to respond to the three difficult problems existing in the rational use of the secondary creation of short video in judicial practice,and puts forward the corresponding judgment criteria.The revised Copyright Law is still not rid of the defects of closure in the fair use system,and the judicial practice usually expands the interpretation in the determination of fair use,resulting in the diversification of the judgment standard of fair use.In addition,the traditional authorization system has problems in the field of secondary creation short video.Based on the in-depth analysis of the above problems,in the end,besides responding to the specific problems involved in typical cases,this paper also gives corresponding thoughts to the current legislation model of fair use system and copyright licensing system.The fair use system should adopt the open mode of legislation and expand the scope of fair use timely.By building a digital license platform and introducing an implied license system,the interest relationship between the originator and the secondary creator is further adjusted and balanced.In order to make up for the deficiency of protecting the second creation of short video in our Copyright Law,and promote the healthy and orderly development of short video industry.