Research On The Expansion Of Rational Use In The Secondary Creation Of Short Video

The arrival of the digital era has given birth to the development of the short video industry.With the prosperity of the short video market,secondary short video works have gained public favor,but the legal and infringement issues of secondary short video creation are not clear.Due to the difficulty in obtaining prior authorization and obstacles to reasonable use when creating short videos for the second time,they are often suspected of infringement.However,due to the mutual benefit of secondary creation of short videos on the original work and the high cost of regulating such infringement,copyright owners subjectively do not actively pursue litigation and protection,which puts a large number of secondary creation short videos in the gray zone of copyright and leads to the failure of copyright regulations.This article analyzes the current situation and reasons for copyright regulation in secondary creation of short videos,as well as the legitimacy,necessity,and feasibility of fair use expansion as a solution to copyright regulation failure.It explores the feasibility of localizing transformative use and flexible fair use rules as a path for fair use expansion,and proposes suggestions for modification and improvement of fair use rules in China to balance the interests of all parties involved in secondary creation.In addition to the introduction,there are four parts in this paper:The first part defines the connotation of secondary creation short videos and classifies them from the perspective of reasonable use.For the copyright failure situation caused by the high possibility of infringement in theory but difficult to regulate in practice,this article deeply analyzes the reasons: the imbalance of interests caused by copyright expansion and the absence of fair use.The second part is an analysis of the legitimacy and necessity of expanding the scope of reasonable use to secondary creation of short videos.Firstly,the legitimacy of fair use expansion was analyzed using the theory of balance of interests and the value theory of fair use.Secondly,by analyzing the current situation of conflicts and imbalances between copyright owners and secondary creators,as well as the limitations of other regulatory measures such as prior licensing and sharing agreements,it is believed that fair use,as a tool for balancing interests,should adapt to practical needs and expand the scope of fair use to secondary creation short videos.The third part is the feasibility analysis of expanding the scope of reasonable use to secondary creation of short videos.Firstly,the compatibility between the development and rational use of secondary short video creation was analyzed.Secondly,analyze the systems of transformative use and flexible and reasonable use,and explore the feasibility of introducing the above two systems.The fourth part explores the path of expanding the scope of reasonable use to secondary creation of short videos.In terms of legislative content,this article has localized the rules of transformative use,introducing purpose use while also incorporating restrictive conditions to integrate them into China’s fair use system,and adding a list of provisions for "appropriate citation".In terms of legislative model,the flexible use system was used for reference,and the "appropriate citation" clause was optimized and designed in the form of "summary clause,affirmative enumeration clause,and cover clause".