The Dilemma And The Way Out Of The Fair Use Of Short Videos Of Film And Television Narration

The development of the Internet economy has led to the prosperity of the short video industry,and the fast-paced lifestyle has changed people’s need for fragmented viewing.The emergence of short videos of film and television commentaries has met people’s need to quickly browse through a film or television drama work,and has served as a "filter" for the quality of a wide range of film or television drama works.However,in the process of creating short video commentaries,it is inevitable that the copyrighted works of others are quoted,and some creators frequently use the works without the authorization of the original copyright holders,making short video commentaries in the grey area of copyright for a long time,resulting in controversy over whether short video commentaries constitute fair use.China’s fair use system adopts a closed legislative model,and the lagging nature of the law fails to address the difficulties in the application of fair use to short videos of film and television commentaries,including the difficulties in defining the standard of"non-profit" use of works,the difficulties in determining the reasonableness of "quality"and "quantity",and the difficulties in determining the market impact caused by the commentaries.The difficulties in determining the reasonableness of the citation and the market impact caused by the work being narrated include the difficulty in defining the standard of "non-profit",the difficulty in determining the "quality" and "quantity" of the work,and the difficulty in determining the market impact caused by the work being narrated.The reason for this is the imbalance of interests between the parties involved in the creation of short videos and the unclear definition of fair use and infringement of short videos.Based on the analysis of the case,we consider the domestic and foreign methods of judging the fair use of short video narration,combine the development status of short video narration in China’s long and short video platforms,determine the judgment standard of using works for legitimate purposes,supplemented by commercial use,and focus on the"substance" of the cited works while taking into account the "quantity" of the cited works."In order to clarify the market impact caused by short videos of film and television narration,the market damage is judged by the objective existence of damage and reaching a certain degree,the substitution effect of short videos of film and television narration on works of film and television dramas is considered,the law of dissemination of works of film and television dramas is emphasized,and the way out of the determination of the fair use of short videos of film and television narration is explored through the construction of the cooperation between long and short video platforms.In order to strike a balance between the use of short videos of film and television narration and the dissemination of works of film and television drama,and to find a way out of the fair use of short videos of film and television narration through the establishment of cooperation between long and short video platforms.In order to balance the interests of the creators,original copyright owners and short video platforms,and to create a favourable environment for secondary creation under the Internet,it is necessary to study the criteria for defining fair use of short video narration.