[Direct answer]In the Beijing area, in principle, the original videos and film and television materials used for secondary creation are protected by copyright. Editing, commentary, remixing, and dubbing all involve the right to copy and disseminate information on the Internet. Unauthorized publication constitutes infringement. The only legal channel is fair use in the form of "appropriate citation" (Article 24 of the Copyright Law of the People's Republic of China): appropriately citing published works and indicating the source for the purpose of introducing or commenting on a work or explaining an issue. The proportion of citation and the originality of the secondary creation are two hard lines. The "commentary-style plagiarism" of large-scale plagiarism of the original film's plot is not within the scope of protection.

I. Problem background and typical scenarios

The "X-Minute Explanation" of watching a movie in three minutes has gained millions of views; the craze of mixing and matching film and television clips with music; daily updates of the highlights of TV series - creators ask "Is this infringement?" and copyright holders ask "Can this be sued?". Secondary creation is the fuel of the platform ecosystem and also a high-incidence area of copyright disputes. The boundaries of the rules are narrower than most people think.

II. Key points of contention

1. The copyright items involved in the second-creation activities. 2. The judgment criteria for "appropriate citation" under fair use. 3. The platform's responsibilities and the consequences of infringement. 4. The operational path for compliant second-creation activities.

III. Professional analysis by Henglue Lawyers

The first layer: Claims correspond to actions: editing and uploading original videos constitute the exercise of copyrights for reproduction and information network dissemination; adding narration and background music to works also involves the issue of the boundaries of adaptation rights to original works; using others' music as BGM involves copyright infringement of musical works - "I just added narration" does not change the fact that the materials were used without authorization. The framework for determining infringement is: whether it falls within the statutory circumstances of fair use, and if not, authorization is required. The second layer: Judging the standard of "appropriate citation": According to Article 24 Paragraph 2 of the Copyright Law of the People's Republic of China, for the purpose of introducing, commenting on a work, or explaining an issue, appropriate citation of others' published works in the work is allowed - the review points include: first, the purpose (it is indeed for commentary, introduction, or explanation, and the citation serves a new expression); second, the proportion (the length of the cited footage and the amount of information compared to the total length of the work; "let me tell you"-style plagiarism that replaces the plot with editing exceeds the appropriate scope); third, the impact (whether it substitutes for the normal use of the original work - if viewers watch the narration, they don't need to watch the original video, and the higher the substitution effect, the more dangerous it is); at the same time, the author and the source of the work must be indicated. In film and television narration cases, courts often define it as "constituting infringement of the original work's information network dissemination rights", and the substitution effect is a frequent reason for judgment. The third layer: Consequences and platform responsibilities: Infringement consequences include removal, account suspension, and compensation - compensation is calculated based on the actual losses of the rights holder or the infringer's profits, and the statutory compensation of 500 yuan to 5 million yuan (Article 54 of the Copyright Law) is difficult to calculate. The commercial monetization of top-tier accounts will significantly increase the basis for compensation determination. Platforms apply the rule of notice and removal, and those who fail to handle rights notifications in a timely manner bear joint and several liability; the income, commercial orders, and account value of secondary creation accounts will be damaged by infringement determination - copyright compliance is part of the account's assets. The fourth layer: Compliance path: First, prioritize authorization - obtain authorization from the rights holder or its agent for secondary creation. Some film and television companies and platforms have opened authorization pools (authorization material libraries within the platform), and commercial accounts should prioritize this path. Second, ensure structural compliance - control the proportion of citation (highlighting points rather than narrative plagiarism), and strengthen original expression (opinions, rhythm, and restructuring of images). Originality cannot whitewash infringement, but it can strengthen the claim of fair use. Third, clean up music and materials simultaneously - use platform libraries or licensed music for BGM, and do the same for fonts and image materials. Fourth, the requirements for commercial content (advertising implantation, live-streaming) of secondary creation are stricter, and the tolerance for free sharing and commercial monetization is completely different.

IV. Practical suggestions and legal basis

The first step is to evaluate the proportion of citations and the substitution effect before publishing the second creation, and authorize it if possible. The second step is to retrieve materials from the platform's authorization pool and music library, and upgrade the authorization level for commercial content. The third step is to immediately evaluate the removal of content and the possibility of defense upon receiving a notice of infringement, and avoid stubbornly resisting it. The fourth step is to collect evidence (such as screenshots, timestamps, and playback revenue) from accounts that repost content, and pursue legal protection on a large scale simultaneously. The main legal basis: Articles 24, 52, 53, and 54 of the Copyright Law of the People's Republic of China; the specific application shall be subject to the currently effective regulations.

5. Henglu Law Firm's Advice

Three key points for legal compliance in secondary creation: using unauthorized materials constitutes infringement; originality is not a get-out-of-jail-free card; proper citation should consider three factors: purpose, proportion, and substitution effect. For commercial monetization of secondary creation, strict authorization is required, as account assets cannot withstand repeated takedowns. For issues involving secondary creation and copyright, you can seek assistance through the following channels:Intellectual property protection and corporate lawThe service obtains an overall solution, which involves the compatibility of MCN's contracts with streamersLabor arbitration and work-related injury compensationThe qualitative experience of the relationship between plates, involving the protection of rights on the platform and the execution of compensation, can be referred to for referenceCreditor's rights and debts, and enforcementFor those interested, you can pay attention to the column related to the compliance system of corporate contentBusiness and contract disputes in enterprisesFor specific fields, those who need special review can refer to the relevant informationSpecial services.

VI. Frequently Asked Questions

Q1: If I add my own commentary, won't that constitute infringement of copyright?

Not necessarily. The originality of the commentary does not change the nature of the use of the original video footage. To determine whether it constitutes fair use, we need to consider whether the commentary, which extensively references the plot of the original video and creates a substitution effect, still constitutes infringement.

Q2: Can marking "Infringement Removal" exempt one from liability?

No. "Remove infringing content" is just a statement, not an authorization. The infringement liability for using others' works without permission still applies, and marking the source cannot replace an authorization.

Q3: Does using the video clip function on the platform count as authorization?

The secondary creation materials provided by the platform usually come with built-in licensing arrangements, making their use within the scope of the platform relatively safe. However, using them beyond the platform's authorization (such as posting them off the platform after downloading) still carries risks.

Q4: What should I do if the rights holder complains and requests the removal of my content?

Evaluate whether your use constitutes fair use: if it does, you can file a counter-notice appeal; if not, you should promptly remove the content and rectify the situation to avoid escalating to litigation and compensation; repeated infringements will result in increased liability.

Q5: Is it normal to be sued for hundreds of thousands of yuan when one's derivative work goes viral?

It's possible. The compensation amount is determined based on the infringer's profits (from playback, commercial orders, and live-stream earnings) and the commercial value of the original work. The compensation amount for top-tier accounts tends to be higher. Timely settlement and cessation of infringement are effective measures to minimize losses.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm about specific situations.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, to avoid missing the statutory time limits. →Intellectual property protection legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.