An Analysis of the Legitimacy of the Second Creation of Short Videos in Film and Television Drama Interpretation from the Perspective of Transformative Use
[Purposes]This paper aims to explore the legitimacy of secondary creation of short video,film and television series commentary videos,and provide suggestions for the development of copyright theory and judicial trial practice in China.[Methods]By analyzing the judicial practice of convertible use in for-eign countries and combining with the actual situation in China,the problems in introducing convertible use rules are analyzed,and the legitimacy issues are classified and studied based on the different types of secondary creative works.[Findings]By introducing transformative use rules,the flexibility of the fair use system can be increased,legal deficiencies can be remedied,and the problem of judges lacking clear regulations on secondary short video creation cases can be solved.However,there are still issues such as unclear judgment standards and difficulty in integrating them into the form.[Conclusions]In the judg-ment of transformative use,it is necessary to first determine whether it constitutes a content based trans-formation,and if it does not,then determine whether it constitutes a purposive transformation;And when using a transformative perspective,it is also necessary to consider the comprehensive judgment based on the characteristics of different types of film and television dramas and videos.
video of film and television drama interpretationtransformative usereasonable use
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