Research On Copyright Of Short Video Of Film And Television Commentary

Film and television commentary short video is a kind of creative editing short video,which is a short video that users of the Internet short video platform intercept some clips of the released film and television works through software,accompanied by copywriting commentary and background music,with a duration ranging from a few minutes to ten minutes.However,neither film and television commentary short video creators nor Internet short video platforms usually have the right to authorize the copyright owner of the film and television work to edit and use the relevant film and television works.Based on the infringement case of "illustrated films",the dispute between Chen Kaige and Hu Ge on "A Blood Case Caused by a Mantou" and the infringement case of Gu Amo,the creator of Internet short videos,this paper considers and analyzes the copyright issue of film and television commentary short videos in accordance with China’s current copyright laws and regulations and relevant legal theories,and studies the corresponding solutions to the copyright problem of film and television commentary short videos in China in combination with China’s judicial practice.Ingenuity is an important condition for determining whether an intellectual achievement is a work stipulated in China’s Copyright Law.After explaining the meaning and characteristics of originality,this paper compares the determination standard of copyright originality in civil law systems with the judgment standard on originality in common law systems,analyzes the differences between the two parties in the field of copyright protection and the idea of determining originality,and analyzes the originality of film and television commentary short video content in combination with China’s relevant laws and regulations on determining the originality of works.This article introduces the "three-step test" and the "four-element standard" stipulated in the U.S.copyright law when determining whether the clips of film and television works quoted in the short video of film and television commentary constitute a fair use of film and television works.China’s newly revised Copyright Law came into effect in June 2021,clarifying the status of the "three-step test" in China’s fair use system of copyright in the provisions of paragraph 1 of Article 24.However,when specifically determining whether film and television commentary short videos constitute fair use of film and television works,because the applicable standards of the "three-step test" are not clear enough,the video content of film and television commentary short videos can be specifically analyzed in combination with the "four-element standard",and analyzed and demonstrated from the four aspects of the "four-element standard".China’s Copyright Law and relevant judicial interpretations should further clarify the criteria for determining originality and fair use rules,so as to define the nature of the work of short videos of film and television commentary and their behavior of quoting fragments of film and television works.Internet short video platforms may use a combination of technical review and manual review of short video content of film and television commentary to protect the legitimate rights and interests of all parties,and may promptly remove short videos of film and television commentary when they appear that may infringe the copyright of others’ film and television works.At the same time,with the purpose of protecting the legitimate rights and interests of copyright owners of film and television works and encouraging the secondary creation of short video creators of film and television commentaries,the establishment of a cooperation mechanism between copyright owners of film and television works and secondary creators of short videos can be explored,so that both parties can share benefits and costs,and promote the healthy development of China’s short video industry.