影视解说类二创短视频适用合理使用规则的治理进路

中图分类号：D923.41 文献标志码：A 文章编号：1003-5168（2025）08-0117-06

DOI：10.19968/j.cnki.hnkj.1003-5168.2025.08.022

Abstract： [Purposes] This paper aims to explore the essence and constituent elements of China's fair use rules and provide governance ideas for resolving copyright infringement disputes between creators of secondary creation short videos of film and television commentary and rights holders of long videos.[Methods] This paper makes clear the connotations of the four elements of the fair use rule and clarifies the considerations for applying the rules to secondary creation short videos of film and television commentary，so as to seek governance rules suitable for the domestic context.[Findings] The existing fair use rules in the Copyright Law cannot effectively resolve the interest conflicts between creators of secondary creation short videos of filmand television commentaryand rights holders of long videos.The flexibility of the rules should be enhanced，and cautious referenceand improvement of short video platform mechanisms are required.[Conclusions] To improve the fair use rules，it is necessary to carefully refer to the American transformative use ruleand recognize thatthe "introduction" of long videos by short videos of commentary is a purpose transformation. The short video platform should play the role of bridge and supervision，realize the short video zoned governance，and reduce the cost of audit and filtering.A traffic benefit sharing model should be constructed between short video platforms and long video platforms to promote their mutual symbiosis，drive the healthy development of the short video industry，and continuously inject vitality into the Internet.

Keywords： commentary short videos; long video rights holders; fair use; zoned governance

0 引言

随着互联网的发展和生活节奏的加快，以短视频了解社会时事、娱乐消遣的方式越来越受欢迎，新型作品使用方式的出现对传统合理使用制度的适用带来冲击，随之而来的著作权侵权问题愈演愈烈，纠纷主要在短视频二次创作者和长视频权利人之间发生。（剩余8243字）