Discussion on Copyright Related Issues of Secondary Creation of Short Video

As a product of self-media, the second-creation short video often falls into copyright disputes in specific judicial practice because of its economic value. On the basis of identifying its nature as an audio-visual work, combined with the identification criteria of the originality of general works, and then based on the characteristics of the secondcreation short video, it clarifies its final expression of emotion and discusses its unique identification criteria. As an exception, fair use is a kind of legal defense. In the face of the fact that there are great differences in the same case but reasoning in judicial practice, starting from the latest Copyright Law in China, drawing on previous experience, this paper analyzes the identification path suitable for China ‘s national conditions.