影视字幕组适用合理使用制度的探析

An Exploration of the Application of Fair Use System to Film and Television Subtitling Groups

摘要: 影视字幕组是一种为国外影视作品制作本国语言字幕，并将其上传至网络供人们下载的团体。字幕组在为人们提供便利，促进文化交流的同时，也不可避免地侵犯了影视作品的著作权。并且，根据现行法律，字幕组难以援引合理使用制度作为抗辩事由，免除其法律责任。但笔者认为，影视字幕组在宣传相关影视作品、满足公众日益增长的对文化产品的需求等方面做出的贡献不可忽视，对字幕组适当放宽合理使用的标准，能够更好地促进资源合理配置，也符合合理使用这一制度在使用者、传播者和著作权人之间进行协调平衡的宗旨。

Abstract: Film and television subtitling groups are groups that produce subtitles in their own language for foreign film and television works and upload them to the Internet for people to download. While providing convenience and promoting cultural exchanges, subtitling groups inevitably infringe on the copyright of film and television works. Moreover, under the current law, it is difficult for subtitle groups to invoke the fair use system as a defence to exempt themselves from legal liability. However, the author is of the view that the contribution of subtitle groups in publicising relevant film and television works and meeting the growing public demand for cultural products cannot be ignored, and that the appropriate relaxation of the fair use standard for subtitle groups can better promote the rational allocation of resources, and is also in line with the purpose of the fair use system of coordinating and balancing the users, disseminators and copyright holders.