| The system of fair use of copyright is of great significance in achieving a balance between the exclusive rights of authors and the public interest of society.Compared with the open legislative system in the United States,China ’s fair use system adopts the closed legislative system of the civil law system.It uses regulations to exhaust the possible use of conditions by enumerated methods.However,with the development of the Internet and digital information technology,the Internet industry has generated some new types of use behaviors.Continuing to use the traditional fair use system will lead to the lack of space for fair use of works based on new technologies,which will be directly strangled in the cradle.in.As a result,the author’s exclusive rights are inappropriately expanded and the balance of copyright interests is unbalanced.Therefore,we urgently need to review the existing rules of the fair use system of copyright,and continually give new theoretical connotations to the rational use in order to promote social development,technological progress,and cultural prosperity.The first chapter summarizes the basic theories related to "transformative use" in the fair use of copyrignt.Firstly,the authors introduced the definition of "transformative use"by the scholars,secondly expounded the relationship between "transformative use" and the four elements of fair use,explained the judgment method of "transformative use"again,and studied the "conversion" The difference and connection between "transformative use"behavior and deductive behavior,and finally expounds the unity of the value objective of the "transformative use" rule and the legislative objective of copyright law.This chapter solves the theoretical confusion of "transformative use" and lays the theoretical foundation for the following.The second chapter examines the legislation and judicial practice of the"transformative use" rules abroad.Through historical analysis methods,it mainly introduces the origin,establishment and development of the "transformative use" rules in the United States,and studies in depth the classic cases involving the "transformative use" rules at each stage.It also researches and analyzes the institutional construction of Germany and Canada affected by the US "transformative use" rules.The third chapter is the application and enlightenment of "transformative use" rules in China’s judicial practice.It mainly introduces the classic cases of applying the"transformative use" rule in China’s judicial practice,and draws the disadvantages of China’s copyright restriction system,clarifies the source of the problem,and highlights the problem awareness.The fourth chapter introduces the specific ideas of the "transformative use" rule for China’s copyright law.Firstly,the feasibility of introducing the "transformative use" rule in China is explained,and then starting from the controversy of "general clauses",this article explains how to introduce the "transformative use" rule at the legislative and judicial levels,and proposes specific solutions. |
