Which secondary creations are the fair use of copyright?
I just wanted to learn to join the short video industry, but I saw that more than 70 film and television companies and industry associations issued a joint statement to protect their rights. Without authorization, they are not allowed to edit, cut, move, and disseminate the film and television works!
So can short video editing still be done? What is considered non-infringement?

First, most of the short video clips are not “fair use” but “shielding ears and stealing bells”. Fair use means that the use of the work does not hinder the normal use of the original work and does not unreasonably infringe the legitimate rights and interests of the original author. The copyright owner permits the act of using the original work without paying for it. Therefore, I believe that when judging whether the editing of short videos is fair use, based on the provisions of the Copyright Law on “fair use”, and at the same time, consider whether the editing of short video works will unreasonably harm the interests of copyright owners. Article 24 of China’s “Copyright Law” stipulates that the fair use of a work under the following circumstances may be without the permission of the copyright owner and no remuneration shall be paid to him. However, the name of the author or the title of the work shall be specified, and the work shall not be affected The normal use of, also has to reasonably damage the legitimate rights and interests of the copyright owner: (1) for personal study, research or appreciation, using other people’s published works; (2) for introducing, commenting on a certain work or explaining a certain issue, Appropriately quote the published works of others in the works; (3) To report news, inevitably reproduce or quote the published works in newspapers, periodicals, radio stations, television stations and other media; (4) Newspapers, periodicals, and radio stations , TV stations and other media publish or broadcast current-related articles on political, economic, and religious issues that have been published by other newspapers, periodicals, radio stations, TV stations and other media, unless the copyright owner declares that publication or broadcasting is not allowed; (5) Newspapers and periodicals , Radio stations, television stations and other media publish or broadcast speeches delivered at public gatherings, except where the author declares that publication or broadcast is not allowed; (6) For school classroom teaching or scientific research, translation, adaptation, compilation, broadcast or small copying has been Published works shall be used by teaching or scientific research personnel, but shall not be published and distributed; (7) State agencies use published works within a reasonable range for the performance of official duties; (8) Libraries, archives, memorials, museums, art galleries, etc. Cultural centers, etc., to display or preserve versions, copy the works collected by the museum; (9) Free performances of published works, the performance does not charge the public, nor does it pay the performers and is not for profit; ( 10) Copying, painting, photography, and video recording of artistic works installed or displayed in public places; (11) Translating works written in the national standard language that have been published by Chinese citizens, legal persons, or unincorporated organizations into minority languages Written works are published and distributed in the country; (12) Provide published works to persons with print disabilities in a barrier-free way that they can perceive; (13) Other circumstances stipulated by laws and administrative regulations. Therefore, fair use is a legal requirement, and it is not a “fair use category” for the video producer to mark a “fair use”; we have seen pirated resources including early subtitle groups that read “This video is for personal learning purposes. Download and delete within 24 hours”, but its essence is directly the original video copied and pasted. I don’t think it’s “fair use” but “covering the ears and stealing the bell”. The same is true for many videos of “Watching XXX in 1 Minute”, the essence of which is right The fast-forwarding and interception of the original film does not reflect the originality of too many editors. At the same time, it is also likely to make people lose the freshness of the original film after watching it, and to reduce the interests of the original copyright owner in a disguised way. 2. The way out for short video authors should not be limited to discussing how to include the work in the category of “fair use”, but should consider how to make the edited work “original” and constitute a new work. According to the second “Regulations for the Implementation of the Copyright Law of the People’s Republic of China” Article, the work referred to in the Copyright Law, refers to the creative and intellectual creation achievements in the fields of literature, art, and science that can be reproduced in a tangible form. The constitutional elements of a work in the sense of the “Copyright Law” generally include three aspects: ideology, expression, and originality. Among them, originality is an important criterion for judging whether a work constitutes a “work in the sense of copyright law”. Therefore, only if short video clips are original and reproducible can they become the object of copyright protection. 1. Nowadays, many young people don’t know about spoof editing works. I think the sensational editing + the story of the originator of the spoof film “A bloody incident caused by a steamed bun”, let’s talk to you briefly: In 2005, Mr. Chen Kaige worked hard to shoot The movie “The Promise” was ridiculed by netizens as “extremely boring”. The summary is as follows: a woman was tempted by a bun full of gods in her childhood. Gaining the ability to love, finally staged the tragic love story that the goddess and the three strong men had to tell. Later, a short video “A bloody murder caused by a steamed bun” turned out to complain about the movie. This short video completely used the clips of the movie Promise. By adopting different permutations and combinations, it formed a collection of passion, passion, aesthetics, and aesthetics. It is a masterpiece of philosophy and spoof. Fortunately, it is not listed in the theater, or it is estimated that the attendance rate is higher than the original. The synopsis is as follows: (If you are interested, you can search for the original film by yourself) In Yuanhuanhuan Entertainment City, model Zhang Qingcheng and Manager Wang had an argument about wages, and finally fought, and then got help from mysterious people. The police gradually locked the target by touching the row and brought the criminals to justice. In the court trial, there was a flip again, and finally three men and one woman staged an ethical drama. Director Chen couldn’t sit still for a moment, saying: “One can’t be shameless to this point~~~” Prepared a petition and sued Hu Ge, the author of “Bantou”, to court (Later, I didn’t file a lawsuit because the director is not the copyright owner. Director Chen estimates You can only prosecute disputes over the right to reputation) but this matter has aroused wide-ranging thinking. From the perspective of intellectual property rights, I personally believe that Hu Ge’s work is a new work through different permutations and combinations due to the originality of its content. And it is a new work full of irony. 2. Critical editing works. I personally like some in-depth film review films, such as Da Cong watching movies. I think this kind of commentary works also constitute works in the sense of copyright law. I think the parts quoting the original film also belong to Fair use category. The purpose and significance of quoting the original film is to strengthen the rationality of its “comment”. In this case, partial or even full quotation of the work for the purpose of reviewing the work may be considered as fair use. It meets the requirement of “(2) To introduce, comment on a certain work or explain a certain problem, appropriately quote others’ published works in the work” in fair use. At the same time, such works often sort out the causes and consequences of the original work, production background, introduce hidden plots and easter eggs, and combine some of their own thinking about the original film and guesses about the future plot direction, which will stimulate the audience’s interest and fun in watching the original film. 3. From a long-term perspective, alliance rights protection will help short video editing practitioners to survive the fittest. The rights protection activities of the alliance increase the infringement costs of infringers, and also make many original short video authors become restrained. In the future, the original authors and short videos Sitting will definitely go through a period of running-in. However, even if the infringement has existed for a long time, it should not be taken for granted that its behavior is reasonable. In fact, the right holders are often disadvantaged groups. The problems that have been faced in domestic intellectual property cases, especially copyright disputes, are low infringement costs and high rights maintenance costs. For the rights holders: the alliance rights protection can help reduce the rights protection costs of the copyright holders, and enable them to better produce more high-quality works in the future under the premise of guaranteeing their profits. For short video authors: more standardized editing will also eliminate the original porters, allowing more high-quality and original editing content to enter the audience’s field of vision.


By zhiwo

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6 months ago

After reading a few answers, I still feel a little bit of thoughts. The screen has been dominating the screen these days, news about organizations, platforms, and artists’ joint rights protection. Although it is sudden, it does belong to the category of “intellectual property rights.” Other people are using fragments of these works, character images, and music. Some people suggested that I used these to make secondary creations, and I still have my own creations. Even, my own creation has more elements, this is a question of how to calculate the property rights. In fact, there is no need to discuss it at all, as long as it is used, even if it is used a little bit. It doesn’t matter what role it plays in my second creation. This is all “using” the “property rights” of others. Others have suggested that the attention is not high, and no one cares about it. This is possible. But whether you care about it or not, “infringement” is the same. Don’t become a “slaying ear and stealing the bell”. How can it be made without infringement? First, we must have a sense of property rights and find ways to get authorization. Second, use more public welfare materials or materials without property rights. Finally, protect your own property rights. There are a lot of plagiarism and manuscript washing. While respecting the property rights of others, we must also have the awareness of protecting our own property rights. After a period of time, a good atmosphere is formed, and everyone gets used to it.

6 months ago

In the short video, there may be infringements, let me give you a quick note. First, the infringement of video background concerts, especially some of the sounds you find yourself, is easy to infringe, except for those that are very old. In this case, it is recommended to download and use some copyright websites. Some websites have music for free commercial use, and some have to pay, but the amount is relatively small. Second, the subtitle fonts may be infringing. If you want to continue to make videos, there will be commercial value for a long time and traffic. You must be used for commercial purposes, so if your subtitle fonts are relatively new or used Some other fonts are also likely to infringe. The third is the use of the film lens. How do you say this? First of all, if you have very little traffic, you generally don’t have to worry about this kind of problem. Those companies may not see you, and they may not have to work hard to sue you when they see you. . Secondly, it is recommended to use official trailers and posters when using the screen, so that it is easier to circumvent these things. The last point is that if you do a bigger job, many film distributor production companies may ask you to do publicity, and at this time they will be authorized. Although the law stipulates that the second creation to a certain extent is not considered as infringement (I don’t know if it has changed now), it is difficult to tell. There are so many big names that are still not a big problem.

6 months ago

Quoting from an interview quoted by the Daily Economic News: In order to introduce, comment, and explain a certain issue, works can be appropriately quoted, but the determination of “appropriate quotes” requires specific analysis. For example, with regard to the news of the fire in Notre Dame de Paris, some TV stations quoted fragments from the movie “Notre Dame de Paris” to show the historical situation, which does not constitute infringement. However, in some movie programs, the host introduces 30 seconds and then plays the essence of the movie for half an hour, which will be judged as infringement. When judging whether the use of someone else’s work is “fair use”, the principle of “three-step test” should be followed: the first step can only be done under special circumstances; the second step is not related to the normal use of the original work Conflict; the third step, there is no unreasonable harm to the legitimate rights and interests of the rights holder of the original work. “Judging from this, the use of editing of film and television works in short video platforms does not generally constitute reasonable use.” From this point of view, the answer is clear: [1] Short video editing can also be used for editing [2] Editing purposes are restricted (or Talking about the playing time) [3] If you are suspected of infringing the normal interests of the original work, you need to obtain a license in advance (even a whitelist) and the impact is very clear: [1] For a sudden or instantaneous red work, you want to fish in troubled waters , White prostitution enthusiasm will be punished [2] Because of this, the speed of information dissemination and the penetration of the circle are bound to be weakened (the publishing right is in the hands of a small number of accounts) [3] Before everyone passed the time every day Or will the happiness of “Anyway” cease to exist (typically such as ghosts, spoofs) [4] and the resulting “Amway” editing account is sluggish, and the excavation of some friendly dramas will be a question mark from now on? [5] After the frustration of handling accounts, the collection of head resources brought about an “anti-decentralization” effect, and UP ushered in the second spring, becoming a sought-after resource in the eyes of the platform (especially the powerful brain hole players with their own aura) [6 】However, at the same time, the mid-waist MCN resources, and even the daily moments of the general public, may also usher in their own “decentralized” era with the help of platform recommendation mechanisms and big data algorithms. In this regard, many friends also said to clap their hands and cheer; you see, the account groups that used to get super high interaction and traffic by simple transportation are really gone forever! As ordinary people, are we really going to get back to the same starting line as these big ones?

6 months ago

Overall, I feel that the short video of the film and television number needs to be original, and there is no problem with proper quotation, otherwise the existing and those big V film and television commentators will lose their jobs? But it must be understood: 1. The short video of the film and television account must be original, and you have to have your own things to integrate with your own views and thoughts on the film and television. 2. The short video of the film and television account should be appropriately quoted. At present, ordinary people can only pass it Now the work is properly quoted. After all, you are not a talented director and cannot produce the entire film and television work. 3. Moving the video is a shortcut, but sometimes it is not suitable for everyone. It can be played in the short term, but it is very dangerous in the long term. The safest way is to be original.

6 months ago

How can I put it to say, the film and television works are also worked hard, acted, and screened without authorization. Editing without authorization is indeed an infringement. However, if there are no such people who edit every day, then many movies and TV shows will be rarely watched at all. Who really goes to watch them now? What’s more, if you can’t edit domestically, you can’t edit it abroad? Then people edit foreign blockbusters every day, and then help Lao Mei to announce full movies, so that Lao Mei can make money. In the end, no one in the country cares. They use sky-high advertisements and shoot low-cost movies. Although they have improved in recent years, Still the same. Anyway, it’s unclear. The infringement is affirmative, and the market must be regulated. But don’t block the roads. You must restrict everything. In the end, you may not be able to get the money.

6 months ago

It is not recommended to make short video clips. There are many ways for short video platforms to attract viewers to get traffic. If you are not interested in a certain type of film and television, but just want to rely on him to eat, then I think the short videos you edit are unnutritive The beauty selfie videos on Douyin are the same as eating and drinking videos, and they are even inferior to them. Their videos of drinking water are neither nutritious nor connotative. When you edit other people’s videos, you not only have no connotation of your own, but also use the connotation of others. It is recommended that you take selfies by yourself or take pictures of landscapes. Anyway, it is a red sea for you to do video editing. Is it difficult to learn to cut without thinking about it? You can learn, others can learn, and there is no competitive advantage.

6 months ago

Film and television editing is currently on the cusp, and many people are also looking for answers to questions. If you are still editing such a video, it is recommended to stop and observe for a period of time to see if there will be a good policy to solve the current crisis; 1 .The crisis of “combating copyright infringement” has just begun. I suggest you switch to another job or explain the film yourself. For the time being, don’t use the clips in the video. It will be difficult if you are banned. Save~~ Now you can change your account first, do other content, plan ahead, and pave the way for the future! Sooner or later, there must be a solution to this problem, just wait… 2. The method of “non-infringement” of mixed cuts After a movie is downloaded, be sure not to intercept the clip and upload it directly. It is necessary to streamline it and use as many shots as possible. Together, add music, add commentary, add subtitles, add transitions. It’s best to do some color adjustment… Emphasize the point: the dubbing commentary must be added, otherwise it is not original! This is the method of mixing original original films and televisions before, but it doesn’t work anymore. If the policy is released in the future and you still want to do film and television editing, you have to edit according to this method, otherwise it won’t be considered original and there is still a risk of infringement! I’m actually shooting, you can take a look at ↓↓↓The full analysis of the film and television clips, the secret is in it! Lonely Fan’s video · 967 playback 3. The future trend is now “film and television infringement”. In the future, music and fonts will have such problems. We media creators should prepare in advance~ Font copyright: I bought a set of “fonts” The “Soul” font cost more than 200 yuan, and the life span is 70 years. If you want to be engaged in the self-media industry for a long time, I suggest you buy a set~~ To declare: this is not an advertisement, this is something that may happen in the future! Music copyright: If you make short videos, try to use the music that comes with the short video platform. Don’t add music by yourself. If you add it, there may be copyright disputes in the future, because your account is not active now, if you do it someday Now, such a problem will follow!

6 months ago

Cut, signature boycott. I am more at ease with most actors. Because they often appear in the Tucao area of the film and television area. Then there is no copying of the original plot, that is, an excerpt from a fragment, comprehensive complaints and one’s own creation, is not an infringement. I won’t name them specifically, everyone knows.

6 months ago

In fact, this issue is very simple. Some film and television organizations, platforms, and artists oppose editing. Then, in response to this situation, first: all persons and organizations that permanently oppose are included in the blacklist of film and television editing; second: other unclear objections, or even Supporting personnel and institutions are included in the whitelist of film and television editing. Of course, there is a third situation. When some film and television works are first released, of course, they do not want to be interpreted excessively or even misinterpreted. This will affect their interests. When the popularity of the video faded, they hoped that their work would be promoted a second time, hoping that people would not forget it. Then, when the editing rights of these films and TV works were opened, people edited the creation again, so that the rights and interests of both parties would not be harmed. You can think about it. Editing the content of the video that was just released by others is still spoiled. This must be blocked. The removal of film and television works intact will affect the income of others. This must be blocked. However, the second-created editing works will also bring huge traffic, so that excellent works will not be buried, so the segmentation and planning of the editing market is necessary.

6 months ago

Culture is clearly the common property of all mankind. Why should it serve capital? Now the movie theater line can make hundreds of millions at a time without making money. Where is the money? The declaration says that the exploitation of capital will not stop, although capital Make life better, but the growing contradictions are becoming more and more fierce. Controllable capital can only evolve peacefully under control. Culture is a country’s strategic material. If it becomes a country, it can only cause cultural blockade. The light turns dark, the last thing is the people, the fat is the capital, and the individual suggests that cultural patents should have a limited number of years. Ten or twenty years, if you hold on to it, it’s not because of capital. I don’t believe in x-power orders. , You only have ten years of patent rights for this movie. After it is included in the national free resources, he refuses to shoot. I don’t believe it consumes energy.

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