网络混剪视频合理使用问题研究
Research on Fair Use of Network Mix-Up Video

随着网络短视频的兴起，诞生了一种混剪短视频，该种类型的短视频在视频独创性、合理使用认定等多方面问题突出，在学术界、实务界也都存在巨大争议。本文结合国内外合理使用制度的规定，对不同类型的网络混剪视频进行分析，从而可以在保护原有作者权利的情况下又可以兼顾二次创作作者的创作热情，在私人权利和公共利益中找到一个平衡点。
With the rise of network short video, a kind of mash-up video has been born. This kind of short video has prominent problems in many aspects, such as originality of video, fair use determination and so on. There are also huge controversies in academic circles and practical circles. In combination with the regulations of fair use systems at home and abroad, this paper analyzes the mix-up videos of different types on the Internet, so as to protect the rights of original authors and take into account the creative enthusiasm of secondary creators and find a balance between private rights and public interests.