Research On The Fair Use Of Copyright In The Second Creation Of Short Video

The fair use system is an important system in the Copyright Law,and the scope of fair use has always been a focus of research by scholars from various countries.The vigorous development of the internet and the continuous upgrading of digital technology have led to the rapid development of the short video industry.Secondary creation of short videos has also become an important way for people to share and participate in social life,promoting the further enrichment and prosperity of the social and cultural market.However,the secondary creation of short videos is based on the integration and utilization of fragments from others’ works,and users do not obtain authorization from the copyright owner for the use of materials from previous works,which leads to copyright infringement issues.The core of determining whether secondary creation of short videos constitutes infringement is whether they fall within the scope of reasonable use protection.The newly implemented Copyright Law in 2021 has made many modifications to the fair use system in response to the development of the internet era,such as incorporating some provisions of the Implementation Regulations of the Copyright Law and adding the basic clause of "other situations" where fair use is applicable,which is forward-looking in legislative technology.However,it did not clearly define the constituent elements of reasonable use,nor did it use the "three-step test method" as the basis for judgment,resulting in unclear definitions and inconsistent standards.Although the act of secondary creation conforms to the legislative purpose of the fair use system,the current laws in China cannot provide strong legal support for it.The article takes secondary creation short videos as the research object,sorts out the problems in China’s current fair use system,clarifies the standards for the fair use of secondary creation short videos,and explores solutions to the problem of fair use of secondary creation short videos.Firstly,drawing on international experience in fair use and considering China’s national conditions,analyze and determine the standard for defining China’s fair use system-the "three-step test method".Secondly,within the logical framework of the "three-step test method",reasonably cite "transformative use" and appropriately expand the scope of fair use.Finally,by promoting the application of the implied license system and adjusting the mandatory regulations of centralized licensing,we aim to optimize the copyright authorization model,enabling copyright owners and users to efficiently and conveniently authorize,easing the contradiction between secondary creation and the original work,and strengthening the protection of secondary creation short videos in China’s copyright law.