Research On The Rules Of“Proper Citation”of Short Video Works For Second Creation

The rapid development of the short video industry in the past decade has led to many works infringement problems in the industry,which have been controversial.How to distinguish plagiarism from high-quality works full of authors’ ideas is crucial.There are obvious weaknesses in existing laws and regulations,which can sometimes be hard pressed in the face of these problems.Transformational use is an important rule for judging the fair use of copyright in the United States.In order to deal with the situation of appropriate quotation,our courts have adopted the rule of transformational use.Short video re creation belongs to an emerging field,and there is obvious lag in the law.It is reasonable to introduce transformational use;At first,the principle of proportionality was an administrative law principle that restricted the police power.With its rapid development,it has more or less its presence in laws and regulations in different fields.Using the principle of proportionality to judge the appropriateness of reference can fill the gap in the law;The legislative purpose of the constituent element "specifying obligation" of appropriate quotation is to distinguish the quoted content from its original content.By clarifying its legislative purpose,it can provide better guidance for judges.This paper studies the above three aspects of short video re creation,mainly including the following four parts:The first part elaborates the concept and characteristics of the re creation of short video works and appropriate reference rules.In the overview of the second creation of short video works,the meaning of audio-visual works and short video,the meaning and type of the second creation of short video are introduced;In the general analysis of appropriate reference rules,the concept and value of reasonable use,the concept and key points of appropriate reference,and the relationship between reasonable use and appropriate reference are introduced.Through these introductions,some basic knowledge of this article is sorted out to facilitate the analysis of problems in the following text.The second part points out the problems to be solved in the current short video re creation.It is mainly divided into three aspects.In the case of reference,the limitations of the situations listed in the appropriate reference rules cannot adapt to the fast developing short video industry,and some high-quality short videos full of the author’s ideas cannot be absorbed by this situation.In judging the appropriateness of citation,there is a gap in China’s laws and regulations,and there is no standard to measure the appropriateness,according to the different judgments of similar cases in practice.There are also gaps in the judgment of specified obligations,and there is a lack of criteria for judging specified obligations.The third part refers to the judicial practice and legal principles of other countries,and analyzes the legislative purpose of legal provisions.In the case of citation,the transformational use of the United States has been applied in China’s judicial practice,absorbing the experience of transformational use,and analyzing the case of expanding citation through transformational use.In judging the appropriateness of citation behavior,we can use the principle of absorption proportion to measure the appropriateness of citation behavior through the principle of proportion,which can not only fill the legal gap,but also give the judiciary some discretion to deal with emerging things.In the judgment of the specified obligation,we analyze its legislative purpose,and know that the specified obligation is to distinguish the quoted content from the original content.Through the above three aspects of analysis,in order to improve our laws and regulations.In the fourth part,the author puts forward legislative suggestions on the above issues.In the case of quotation,the act of substantial improvement of the original work is included in the case of appropriate quotation by the inspiration of transformational use.In the judgment of the appropriateness of citation,the essence of the principle of proportionality is absorbed into the judgment of the appropriateness of citation.In the judgment of the specified obligation,add the content that can distinguish the quoted content from the original content,so as to improve the standard of the judgment of the specified obligation.