Traffic as a Construct for Fair Use Consideration

Abstract.With the rise of the short video industry, parodic works have rapidly gained popularity due to their humorous and satirical nature, posing new challenges for copyright protection of original works. These parodic creations in short videos are often derivative works aimed at attracting traffic, which can potentially damage the market value of the original works and lead to copyright disputes. Moreover, the user-generated content (UGC) mechanisms of short video platforms, while promoting content diversity, also complicate copyright enforcement. Situations where parodic works exceed fair use criteria include aspects like the cultural consumption nature of the usage purpose and the extent of quotation beyond appropriate limits. From legislative and judicial perspectives, expanding the range of factors considered for fair use, promoting high-quality production by short video creators, and fostering positive development in the short video parody sector require attention to the role of traffic in fair use determinations and its impact on the market value of works. In the short video industry, the criteria for determining fair use are under strain and need continual refinement in copyright law. By establishing a fair mechanism for benefit distribution, raising copyright awareness among creators, and enhancing the responsibility awareness of the audience, a better balance between the interests of parodies and original works can be achieved, thus promoting the healthy development of the cultural industry.