Discussion on the Legal Boundary of "Second Creation" Video

-- Taking the Example of Whether the Second Editing of Satellite TV Variety Show Infringes the Copyright of the Original Video

Abstract

At present, China's "second creation" short video market is hot, but there is a lack of mature management mechanism, and the copyright problem is prominent. The article utilizes the literature method and combines the provisions of the new Copyright Law to explore the infringement characteristics and infringement boundaries of "second creation" short videos. The study finds that the infringement of "second creation" short videos has the characteristics of citing works without attribution, making profits without authorization from the copyright holder, and citing other people's works in an inappropriate proportion, etc. The boundaries between the infringement and piracy lie in the question of whether they are original or not, and whether they make reasonable use of other works. Clarifying the infringement boundary of "second creation" short videos and analyzing their infringing features will help to better distinguish whether "second creation" is infringing, and to find out the position of "second creation" in the audiovisual development, so as to maintain a favorable environment for original production.