影视解说类短视频合理使用问题探析
Analysis on Rational Use of Short Video of Film and Television Commentary

随着新媒体的发展，人们越来越趋向于利用碎片化的时间获取信息，简短且精悍的影视解说成为了人们了解影视作品的重要途径。在影视解说短视频行业快速壮大的同时，也与原影视作品的著作权人之间产生了权利与利益上的冲突。二次创作的影视解说类短视频的作者是否合理使用已有作品，成为判定其是否侵权的重要标准。文章从影视解说类视频创作与发展困境出发，结合我国有关合理使用制度的规定，讨论影视解说类短视频的合理使用判定面临的问题，充分发挥我国著作权法的作用，从而使影视解说短视频与原影视作品之间长远稳定的发展，构建影视行业健康生态。
With the development of new media, people are more and more inclined to use fragmented time to obtain information. Brief and concise film and television commentary has become an important way for people to understand film and television works. With the rapid growth of the short video industry, there are conflicts of rights and interests with the copyright owners of original film and television works. Whether the author of the second creation of short video commentary makes reasonable use of the existing works has become an important standard to determine whether it is infringing. Starting from the dilemma of creation and development of video commentary videos, combined with China’s regulations on the fair use system, this paper discusses the problems faced in judging the fair use of short video commentary videos, gives full play to the role of copyright law in China, so as to enable the long-term and stable development between short video commentary videos and original film and television works, and build a healthy ecology of film and television industry.