I have seen some interesting short videos on social media this week. They used published cartoons with new stories and narrations created by produsers. Some of them are very creative, but I think there are some issues should be concerned.
The phenomenon of "second time creation" on social media, particularly in short video formats, involves creators repurposing existing copyrighted content, such as popular cartoon characters or movie clips, and infusing them with new narrations, stories, or comedic twists. This trend thrives on the immediate recognition and emotional connection audiences already have with established intellectual property. Creators leverage this familiarity to rapidly generate engaging content, often showcasing impressive creative ingenuity in writing new dialogues or crafting novel scenarios for beloved characters. It fosters a vibrant fan culture, allowing communities to extend and interact with their favorite franchises in imaginative ways.
However, this widespread practice exists in a legally ambiguous space. While these "second time creations" undeniably add new, original elements, they fundamentally rely on pre-existing copyrighted material. Under intellectual property law, such adaptations are typically classified as "derivative works," requiring explicit permission from the original copyright holder. Creators often operate under the assumption of "fair use" or "fair dealing," arguing their work is transformative, critical, or parodic. Yet, the legal interpretation of these defenses is complex and highly context-dependent. This creates a constant tension between the desire for creative expression and community engagement on one hand, and the rights of original content owners to control their intellectual property on the other.
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