Research On Copyright Margin Of Re-creation In We-media Communication

The development of the Internet not only brings new platforms for the cultural creative industry and new opportunity at the same time,but also put forward challenges to the current copyright system and the system of the whole cultural industry.In the pressure which the copyright system and law faces with,the most significant thing is the transformation of public access to information in the age of network,and its expression are increasingly diversified.Thus we-media comes into an important way of participating in discourse practice.In the cultural creative industry,the re-creation of original works is a way lower the threshold of the entry of the cultural creative industry.With the rise and development even gain of we-media re-creation,the copyright issue in this situation is increasingly prominent.This paper firstly expounds the current copyright law and the relevant legal regulations on "re-creation" of domestic and overseas,and makes a preliminary definition and analysis on the copyright margin of re-creation in we-media communication.Then this paper elaborates the development process of we-media re-creation from the emergence,gradually makes profits to the current regulated regulation is elaborated.And on the basis of whether consistent with the original works or not,the re-creation works of we-media are classified and explained,and the legal problems brought by it are put forward hereon.The latter part of this paper respectively from the value of the secondary creation since the media and work quality two aspects carries on the judgment to the argument from media secondary creation "rationality" and put forward to satisfy the standards of this rationality.And the last chapter explores the media in the re-creation fair use and copyright margin based on the "three-step test",and puts forward countermeasures for different perspective of different stakeholders to adapt to copyright margin of the re-creation of we-media.The purpose of this paper is to study to achieve the interests of all stakeholders involved in balance and healthy development of the diversity of culture industry as a whole,what extent original work is fairly used in the re-creation of we-media and what kind of work should it create,and from this,hoped to solve contradictions in thecopyright issues between authorship and “re-creator” in an even better fashion.In theory,this article quote the cultural productive text theory and the study of four essential factors of works of art in critical theory of literature such as the value and quality standard of the re-creation in we-media to make interpretation and judgment and on this basis to determine its copyright marginal,attempts to seek the marginal balance between the value and legitimacy of re-creation in we-media communication.On practical level,through the analysis of the conflict between the diversity value of the secondary creation and the copyright issue,and the causes and consequences of the conflict,and on the basis of the thesis study the judgment standard,and from the perspective of multiple stakeholders involved in the re-creation of we-media,this paper discusses how to construct the copyright system,market environment and social environment that facilitate the balance of multiple interests in the cultural industry,in an effort to ensure the legitimate rights and interests of the original author and promote the diversified development of cultural content products.