Infringement And Fair Use Of "User-generated Content" In The Web2.0

The advent of the Web2.0 has already changed the way the public creates content and obtains works.After experiencing the Web1.0 in which website users can only passively obtain website information,users are allowed to interact and cooperate on network media platforms,actively creating an upsurge of "creation by the whole people".As a result,user-generated content quickly entered the public’s field,and the commercial value it brought has also attracted the pursuit and attention of major industries.At the same time,user-generated content,as an emerging field,has also caused many problems in copyright and has become a major focus of attention in the legal field.This paper uses research methods such as literature research and case analysis to research and analyze the three aspects of user-generated content,concept and copyright identification,the identification of infringement and the application of fair use.The concept of user-generated content.Based on the discussion and analysis of the concept of user-generated content in two reports,this paper summarizes the definition and characteristics of user-generated content based on the current development status of user-generated content.At the same time,starting from the concept,the user-generated content is summarized and classified according to the three classification criteria of expression form,publishing platform and methods of creation.The identification of copyright and the conflicts in copyright.This paper analyzes whether user-generated content is a work,and is protected by copyright law,and discusses the ownership of rights in practice.Then it starts with three cases which lead to the contradictions and conflicts of UGC in the field of copyright.Infringement of user-generated content.This article divides the infringement relationship of user-generated content into two parts to elaborate.In the legal relationship where user-generated content suffers from copyright infringement,starting with different infringing subjects,this article analyzes which rights in copyright law will be infringed,what kind of infringements will suffer,and how to assume responsibility.The methods of creation of user-derived content will inevitably affect the exercise of copyright.It is necessary to figure out the legal relations related to user-derived content.Fair use of user-generated content.User-generated content has a high demand for efficiency in dissemination due to the characteristics of universal participation.However,in practice,infringements are common,the costs authorization are high and it’s difficult to get the authorization,and the infringement liability cannot fully regulate public behaviors.The imbalance of copyright interests is common,and the fair use system can be used to balance the interests of all parties.This article analyzes the fair use in China and the four factors of fair use in U.S.Copyright Act,and discusses the incompatibility of two standards in user-generated content,and proposes that applying the transformative use can solve the problems and balance the interests.