June 1, 2021，my country’s newly revised “Copyright bet365 bonus bets” (hereinafter referred to as the new “Copyright bet365 bonus bets”) is officially implemented。The revision of the new Copyright bet365 bonus bets has been discussed for many years，What is finally formed is a film that condenses the consensus of all walks of life at this stage、Legislation reflecting the greatest common denominator，It focuses on solving important issues related to the development of copyright industry and cultural construction in my country’s new development stage，Vigorously strengthened copyright protection，Proposed targeted and effective bet365 bonus bets enforcement measures，Fully reflects the respect and encouragement of originality、Protect the spirit of innovation。

At the same time，In view of some controversial issues arising from the development and application of technology and the adjustment of industrial interests in the process of amending the bet365 bonus bets，Especially issues related to the interpretation of legal concepts and the application of legal rules，The new Copyright bet365 bonus bets does not provide direct provisions，Instead, it is left to the supporting regulations and judicial interpretations after the bet365 bonus bets is implemented for specific regulation and guidance。for example，The impact of the concept of "originality" in the definition of works on the application of safety clauses after the expansion of work types，Understanding of the concept of audiovisual work types and corresponding ownership rules，Establishment of blanket applicable circumstances in the rights limitations and exceptions (commonly known as fair use in academic terms)，Issues such as the content and meaning of various rights and terms after the expansion of the rights of broadcast organizers，Both require further clarification and clarification，Strive to establish a company that complies with the purposes of the Copyright bet365 bonus bets，In the Creator、Communicator、The legal enforcement mechanism to achieve the best balance among the public。

Rights restriction is the most important balancing mechanism in the field of copyright。Article 24 of the new Copyright bet365 bonus bets can be understood as a semi-open fair use system，That is, in addition to the 12 specific situations listed in long-term legislation，Added 13th "bet365 bonus bets、Other situations stipulated in administrative regulations” as a safety net；For item 13，In fact, clear regulations can only be given through laws and regulations，It is difficult to make a breakthrough through the judiciary。Viewed from overseas experience，The legislation of various countries has stipulated very detailed rules for exceptions to copyright protection，There are many specific situations listed，Helps reduce uncertainty in judicial application。Of course，The new Copyright bet365 bonus bets also adds exceptions for technical measures (Article 50) in addition to Article 24，But in general，The current circumstances listed in the new Copyright bet365 bonus bets regarding fair use are not sufficient、It’s not clear how the bailout clause works。In order to maintain the balance of the interests of all parties in the implementation of the bet365 bonus bets，You can refer to the more mature experience in overseas legislation and practice，Extract those that conform to the concept of fair use、Specific situations where there is consensus，Supplementary limitations and exceptions to rights in the form of regulations。Example: first，For sales、Repair Art、Photography、Copied from the original architectural work；Second，Audiovisual works、Incidental or incidental use in the production of audio and video recordings；Third，For use in the national unified examination；Fourth，Copied and used by non-profit teaching and research for data and information analysis；Fifth，Parody、Comic irony；Sixth，Temporary copy that cannot be saved。

Take the phenomenon of “secondary creation” that has been debated before and after the revision of the bet365 bonus bets as an example。“Second creation” is not a legal term in the Copyright bet365 bonus bets，In the field of literature and art, it usually refers to the act of using other people’s original works to re-create；Performing these actions without permission，In terms of legal nature, it may constitute copying、Adapted、Translation、Performance、Broadcast、Infringement of rights such as information network dissemination，May also be an appropriate quote、Comments、Parody、News reports and other exceptions to infringement，Details need to be determined on a case-by-case basis。The core dispute in the practice of "secondary creation" is whether a certain unauthorized use is an infringement or a fair use。The determination of fair use has always been a key and difficult issue in the implementation of the Copyright bet365 bonus bets，This issue has sparked heated debate with the rise of the short video industry。Other people’s words may be used in short video production、Music、Art、Audio-visual and other various works，What is the legal nature of this act called "secondary creation" in the industry，Recently, with the widespread dissemination of various short videos produced using audio-visual works on online social media, it has further attracted attention and response from all walks of life。

April 9, 2021，More than 50 film and television companies、The five major long-form video platforms and the film and television industry associations issued a joint statement，Calling on the prohibition of editing related film and television works without authorization、Cut into strips、Transportation、Dissemination and other infringements；April 23，More than 70 film and television media units and more than 500 artists have issued another statement，Say "no" to infringement。On the one hand, these statements indicate that there are a large number of suspected infringements in the field of short videos in my country at this stage，It may trigger the next step for bet365 bonus bets enforcement and judicial agencies to focus on this area，For this reason, short video producers and communication platforms need to improve their copyright awareness，Take measures to eliminate or reduce the risk of infringement，Cultivate innovation capabilities at the same time，Focus on the production and dissemination of original short videos to ensure the sustainable and healthy development of the industry；On the other hand，If "strict protection" is one-sidedly understood in theory and practice、Category "secondary creation" behavior as infringement，It may also cause the possibility that the fair use system, which is an important balancing mechanism in the Copyright bet365 bonus bets, will lose its application，Causing obstacles to subsequent legal and reasonable reproduction，Thus affecting cultural innovation and sustainable development of industry。

In practice，Although it depends on the time，Using part of other people’s audio-visual works without permission in short video production does not constitute typical copying and dissemination，But the so-called "cutting into strips、Transportation、Quick look、Collection" and other methods，If the essence is to divide the original work and upload it in batches、Used the substantial or core content of the original work，constitutes infringement。Generally speaking，Appropriately cite other people’s works or fragments as material to illustrate the creator’s new theme，Constitutes fair use，The premise is that there should be new ones、A new work different from the original work is generated；Just add two sentences of comments or all the interceptions of the main content of the film and television works to introduce the plot，May exceed appropriate limit，Constitutional adaptation、Compilation and other uses that require prior permission。Common situations in which short film and television commentary videos constitute infringement are: the overall content of the video mainly copies fragments or core plots of film and television works，A simple plot introduction cannot constitute an original new work；In other words，Evaluation、The review itself should constitute an original work，Short video works as a whole have contributed new intellectual achievements and knowledge to society。Since there is no clear provision in the bet365 bonus bets，The limits and scope of appropriate citations that can be considered reasonable in practice，Generally determined based on facts and convention。

For example，Thesis bet365 bonus bets that comply with academic ethics，Introduction、The copying ratio of citing other people’s bet365 bonus bets usually does not exceed 15%、Musical bet365 bonus bets generally do not exceed two measures，But this does not apply to film and television bet365 bonus bets。Because the latter’s creation process is complicated，Even the highlights、fragment，Can also include director、Actor、Music、Comprehensive elements of art and other bet365 bonus bets，It will also cause “spoilers” and other negative consequences for the rights holder’s marketing，As a rule, infringement exceptions do not apply。For short video producers，Not sure whether it is fair use，The inverse method of “putting yourself in someone else’s shoes” can be applied，That is, imagine "if it were my work，Am I willing to let others use it like this？”

For what is called mixed cutting in the industry、Short videos of ghosts and animals，If you use fragments of other people’s works as material，Not to introduce and comment on the original work，There are new themes and ideas that the producer clearly wants to express，The "secondary creation" of a new video work that is obviously different from the original work，May constitute fair use，Typical case of this type of behavior is parody。Parody as Exception to Infringement，Different from traditional literary criticism，U.S. case bet365 bonus bets and the legislation of most EU countries treat it as a separate fair use situation。It is clear that the purpose of using other people’s works in parody or other ways is to avoid prosecution for infringement，Comedy、Funny itself can promote richer cultural expression in multimedia forms，Especially in the fast-paced Internet era、Modern society。

At the same time，Parody is loved by consumers，It can also become a big business，The realization of its traffic is increasingly important to economic development。Precisely because the creative method of parody is harmful to the economy、Social and cultural development are beneficial，The United Kingdom, which has a tradition of case bet365 bonus bets, finally established the parody infringement immunity rule in the form of legislation，In order to reduce unnecessary constraints for "secondary creation"，Support the development of creative industries，Protect netizens’ freedom of expression in daily activities。Of course，As fair use，Parody should mainly benefit those creative individuals on the Internet who post on social media、Harmless、A way of using snippets of other people’s works as a source of humor and conversation；If it is a typical commercial operation，For example, a for-profit organization creates and disseminates such works、Consumers need to pay a fee to click to watch、Profit sharing between the platform and creators and uploaders, etc.，It may not constitute fair use，The business model of obtaining a blanket license in advance is the best solution。

"Copyright bet365 bonus bets" is the intellectual property bet365 bonus bets most closely related to public social life and national cultural construction。Sound legal system of "Copyright bet365 bonus bets"，To promote social economy and culture，In particular, the development of creative industries is crucial。my country’s new Copyright bet365 bonus bets actively responds to technological development，Strengthened the protection of rights holders，The same package should be introduced to make it more flexible、Flexible fair use rules，Enable bet365 bonus bets enforcers and interested parties to base their decisions on the facts during the implementation of the bet365 bonus bets，Determine which is more important, the damage caused by unauthorized use to the right holder and the benefits to society, culture and economy，Enhancing rights protection、While encouraging innovation，Taking into account the interests of the users of the work and the general public，Provide institutional guarantees to promote the prosperity and development of socialist culture。

　(The author is a researcher at the Institute of bet365 bonus bets, Chinese Academy of Social Sciences)