Research On The Introduction And Application Of"Transformative Use" In China’s Copyright Justice

Influenced by the rapid development of new business models and new technologies,the balance between the interests of the original copyright owners and the public in the copyright field has been broken,and the closure of the fair use system in China is often difficult to meet the needs of social development in judicial practice.Although new "copyright law" new "other circumstances stipulated by laws and administrative rules and regulations",from the form of openness,but there is little "other things" from the current legislation and future legislation relatively slow process,a new can’t provide the case has happened the feasible solution.How to restore the balance of interests between the copyright and the public in judicial practice has become a problem that must be solved at present.This article from the judicial practice in the United States played a key role for the rational use of judgement of "transformation" as a starting point,the factors to our country present the introduction of "transformation",the paper analyses the present situation and the judicial practice,strive for "transformation" in solving our country the present judicial practice,some applicable Suggestions for reasonably using case dispute.In addition to the introduction and conclusion,the main body is divided into four parts.One is to discuss the formation of "transformational use"."Transformation" is the result of the judicial practice,not from any fixed accordingly,so through the in-depth analysis of the specific case to explore its background conditions,from its predecessor "creative use" is put forward to the explanation of related to its use in the judicial practice,for the first time to grasp the "transformation" from the source behind the needs of society,to strengthen the basic connotation accurately,at the same time find out its decision criteria and apply for the rational use of impact.The second is to explore the application and development of "transformational use" in American justice after its formation.Through to the traditional art and literature field,the typical cases in the field of information technology and detailed analysis,reappear the judge in the use of "transformation",when the rational use of judgment,to explore whether the judge in the case for a second use conversion and its degree of identity problems happened,at the same time,discusses its influence on American judicial practice.The third is to analyze the present situation of the introduction of "transformational use" into China’s judicial system.Current our country present fair use system is difficult to adapt to business development and the needs of the development of science and technology,and the newly built reasonable use system can’t provide specific guidance on the judicial practice,the lack of existing legislation on the regulation of "other circumstances",therefore the judge in order to adapt to the needs of social development in our country in the judicial practice for the introduction of the "transformation" has carried on the preliminary exploration,but whether the current judicial introduction or future introduced some problems need to face up to reality.Fourthly,it is about the applicable path of "transformational use" in China’s judiciary.On the one hand,look at our country how to more accurately in the judicial cognizance secondary use behavior is in line with the "transformation",by the way of identifying factors,comprehensive grasp,on the other hand,focus on "transformation" in our country judicial specific applicable Suggestions,including regulation,the introduction of the rules governing,to set up the guiding case and the judge in the judicial practice by breakthrough traditional habits of judicial application,strengthen the purpose of the transformation to judge role to use the "transformation".