The Dilemma and Outlet of the Identification of Fair Use of Copyright—— from the Perspective of Short Video of Film Commentary

Abstract

The fair use system has a unique value in the copyright law, and the identification of fair use is a key part of judging whether copyright infringement. The copyright fair use system itself has many problems such as insufficient coverage of statutory circumstances and vague definition of general judgment elements. When dealing with the determination of the fair use of short video of film commentary, there are difficulties such as inability to accurately judge the rationality of the quotation behavior. Therefore, it’s particularly important to clarify the specific structure and its identification rules of the fair use system. This article aims to find the outlet of the identification of fair use of copyright by analyzing the evolution of the legal situation of fair use, sorting out the general judgment elements, and discussing the difficulty of judging "appropriate quotation" based on the characteristics of the secondary creation attribute of the short video of film commentary and the compatibility with the copyright fair use system.