随着数字技术和网络平台的飞速发展，影视二次创作短视频逐渐成为了一种备受欢迎的新兴文化现象。它不仅成为了社会公众表达自我、分享创意的常见方式，而且在丰富公众文化生活方面扮演了重要角色。然而，影视二次创作短视频往往需要在原作品的基础上进行再创作，因此不时引发侵权争议。此类纠纷解决的核心在于判断影视二次创作短视频对原作品是否构成合理使用。对这一问题进行明晰，不仅有助于切实保障原影视作品著作权人的合法权益，更能引导影视二次创作短视频行业朝着规范化方向发展，进而充分释放社会公众的创新潜能并真正实现我国著作权法的立法宗旨。因此，对影视二次创作短视频的合理使用相关问题进行深入研究显得尤为必要。

当前，学术界与司法界对此类短视频能否适用合理使用制度存在争议。本文首先指出，具有独创性的影视二次创作短视频可作为其他视听作品获得著作权的保护，并因此具备适用合理使用制度的前提。在深入分析争议的基础上，本文从激励社会创新、维护社会公平正义以及实现作品的经济价值的角度出发，论证了影视二次创作短视频适用合理使用制度的正当性。

然而，我国现行的《著作权法》在合理使用制度方面仍存在诸多不足。尽管该法已经过三次修订，对合理使用制度也进行了一定程度的完善，但面对互联网环境下不断涌现的新问题，现有制度仍显得力不从心。例如，《著作权法》中关于合理使用的条款仍显僵化，其列举的特殊法定情形本质上属于封闭式规定，难以灵活适应社会发展的需求。同时，“不得影响该作品的正常使用，也不得不合理地损害著作权人的合法权益”这一原则性规定，在司法实务中常因标准过于模糊而难以准确把握，更缺乏对影视二次创作短视频这类新型创作形式的专门考量。

针对上述法律困境，本文在剖析我国现有立法不足的基础上，结合国外先进经验，提出了一系列具有针对性的优化建议：第一，适当扩大合理使用制度的适用范围；第二，我国可以尝试引入转换性使用规则以化解当前在合理使用方面所面临的困境，同时也必须注意对转换性使用的合理限制；第三，从类型化分析的视角出发，探究影视二次创作短视频被认定为合理使用的具体路径。

With the rapid development of digital technology and network platforms, short videos derived from secondary creation of film and television works have gradually become a popular emerging cultural phenomenon. It has not only become a common way for the public to express themselves and share their creativity, but also plays an important role in enriching public cultural life. However, short videos are often recreated on the basis of the original works, which has often led to infringement disputes. The core of resolving such disputes lies in determining whether the use of the original works in these short videos constitutes fair use. Clarifying this issue not only helps to effectively protect the legitimate rights and interests of the copyright owners of the original film and television works, but also guides the short video industry of secondary creation towards standardized development. Furthermore, it fully unleashes the innovative potential of the public and truly realizes the legislative purpose of China's Copyright Law. Therefore, it is particularly necessary to conduct in-depth research on the issues related to the fair use of short videos created through secondary creation of film and television works.

Currently, there are disputes in academics and judicial practice as to whether the fair use can be applied to such short videos. This article firstly points out that short videos derived from secondary creation of film and television works with originality can obtain copyright protection as other audiovisual works, and therefore have the premise of applying the fair use system. On the basis of analyzing the controversies, this article argues the legitimacy of applying the fair use system to short videos derived from secondary creation of film and television works from the perspectives of stimulating social innovation, safeguarding social fairness and justice, and realizing the economic value of the works.

However, China's existing Copyright Law still has many deficiencies in the fair use system. Although the Law has been amended three times and the fair use system has been improved to a certain extent, the existing system is still inadequate in the face of the new problems constantly emerging in the Internet. For example, the provisions on fair use in the Copyright Law are still rigid, and the special statutory circumstances listed therein are essentially closed provisions, making it difficult to flexibly adapt to the needs of social development. At the same time, the principle of “dose not conflict with a normal exploitation of the work and does not unreasonably prejudice the legitimate interests of the author” is often difficult to accurately grasp due to the vague standards in judicial practice, and even more so for the lack of special consideration of such new creative forms.

Addressing the aforementioned legal dilemma, this paper conducts an in-depth analysis of China's existing legislative deficiencies, and based on the combination of foreign advanced experience, puts forward a series of targeted optimization proposals: first, appropriately expanding the scope of application of the fair use; second, while introducing transformative use to resolve the prevailing dilemma of fair use in China, it is crucial to consider the inherent limitations of this approach; third, exploring the specific pathways for recognizing fair use of short videos derived from secondary creation of film and television works, taking into account their different classifications.