Research On The Regulation Of Copyright Infringement In Film And Television Commentary Videos

China’s communication network technology continues to develop,and mobile Internet has gradually become China’s pillar industry.In this context,online media platforms have emerged and prospered,and film and television commentary videos in their zones have become a cultural product loved by the people.Film and television commentary video is a new video formed by the creator using the original film and television work as the material,through editing technology and adding commentary.Because of its short duration and straightforward content,this kind of video quickly has a large number of fans on the self-media platform,bringing economic benefits that cannot be ignored.However,as an emerging field,it has also faced a large number of disputes in the law,especially in the field of copyright,and infringement disputes are common.At the same time,because it is an emerging field,the lagging nature of the law is very prominent here,and there is no perfect legal regulation for the resolution of infringement disputes.This paper argues that its existing legal system cannot balance the reasonable interests of the original copyright owner,film and television commentary video producers and online video platforms among such infringement issues,and its dilemma is highlighted in the problems related to the fair use system,the lack of platform responsibilities and obligations,and the conflict of public interest in the monopoly of film and television copyright.In order to solve the dilemma of regulating copyright infringement in film and television commentary,the author believes that the fair use system should first be appropriately expanded,drawing on the "transformative use rules" in the United States,based on the requirements of the fair use system to ensure basic freedoms and its embodiment of maximizing social welfare,it should break through its closed legislative body and introduce transformative use rules to reasonably protect the legitimate rights of film and television commentary video producers.Secondly,it is necessary to increase the duty of care of platforms,learn from the legislation of the US safe harbor rules and Italy’s practice of the safe harbor rules,make up for the omission of China’s original legal transplantation as the premise of the application of the safe harbor principle,and establish safe harbor entry threshold rules to limit the abuse of the safe harbor rules by online video platforms,so that they can bear their due responsibilities and fulfill their obligations.Finally,consideration can be given to introducing a statutory licensing system,drawing on the existing statutory licensing system in the field of musical works,based on restricting the copyright abuse of the original copyright owner,safeguarding the legitimate interests of film and television commentary video producers,stipulating statutory remuneration,and using transfer agencies to increase the means of restricting the rights of copyright owners in the field of film and television commentary videos,and balancing the relationship between the original copyright owner and the user of the original work.