Analysis of Fair Use Standard in Short Video Creation

Abstract

In copyright disputes concerning short video, fair use is the most common defense. However, there are several problems in the application of the traditional fair use system, such as unclear definition of "normal use", unclear conditions of "appropriate citation", difficulty in defining "reasonable scope" and ambiguity in "unreasonable damage", etc. In fact, the general judgment standard of fair use is inadequate, which is based on the "three-step test" supplemented by the "four-element judgement". In this regard, we should clearly distinguish different types of short video and discuss the judgment of reasonable use related to different short videos, so as to make up for the shortcomings of the existing standard which is too macro and abstract. At the same time, it introduces the theory of "transformative use" in practice, and no longer use commercial use as the basis for judging fair use. Commercial short video is supposed to be sheltered by the fair use system as long as they meet the conditions of transformative use, in order to improve the judgment standard of fair use in short video creation.