[Purposes]This paper aims to study the new fair use recognition method so that it can be adapted to new forms of works.At the same time,this paper considers the future development of the fair use system in the Internet era,and puts sforward more feasible suggestions from the perspective of estab-lishing the term of protection.[Methods]This paper discusses the existing system related to fair use in China,combines the four-factor method and the application of transformative use to define whether on-line short videos constitute fair use.[Findings]No matter which method of judgment,due to the menac-ing new model,it is very vague and difficult to apply new online works,and new forms should be consid-ered to adapt to social development.[Conclusions]This paper believes that the source of the purpose of the copyright system and the fair use system should be found,and the principles should be clarified,so that it can be more flexible in the face of new situations.Combined with the characteristics of rapid re-placement of works in the Internet era,from the perspective of setting the term of protection,it can not only protect the reasonable rights and interests of the original work but also promote the development of emerging technologies.
fair usetransformative useonline short videofour-factor method
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