Regulation Of Copyright Law For User-generated Content

In the era of Web 2.0,due to the development of information technology,network users are no longer just the audience of information,but the creators,disseminators and viewers.The free atmosphere in cyberspace has stimulated the public’s desire for expression and interest in creation.Users publish creative content in cyberspace for the purpose of interest,community identity and honor.User-genaerated content plays a role in promoting cultural and economic development,and is an important form for users to realize freedom of expression.It is welcomed by the public and has formed an irresistible trend of development.User-genaerated content contains a large amount of content generated by unauthorized use of others’ works,which may infringe others’ copyright.How the copyright law deals with the conflict between the rights of user-genaeratedcontent and original works is an urgent problem to be solved.The first part of this paper introduces the research background,briefly introduces the research status of domestic and foreign scholars,and makes clear the research tasks,research ideas and research methods of this paper.The second part of this paper first clarifies the concept and classification of user-generated content.By classifying the types of user-created content,it can be found that only deductive content will produce rights conflict with the original work.Through the analysis of the current copyright law,scholars’ theories and judicial practices,this paper sorts out and summarizes the norms and deficiencies of the current law on user-genaerated content,as well as countermeasures worth discussing.The third part of this paper is the study of comparative law.European and American countries have accumulated a lot of research results in the study of copyright law,which is of reference significance.Countries with copyright law and countries with author’s right law are different in the design of copyright system,so they have different regulations on user-genaerated content.Countries with copyright law tend to protect the rights and interests of users,while countries with author right law tend to protect the rights and interests of copyright owners.The comparative study of countries with copyright law and countries with author’s right law can be used for reference in China.The fourth part of this paper discusses the legal policies that should be established for user-generated content.Through interest balance and economic analysis,it proves the legitimacy of the legalization of user-genaerated content,so as to establish the legal policies to safeguard the interests of users and support the development of user-genaerated content.Different laws and regulations apply to content created by non-commercial users and commercial users.The fifth part of this paper puts forward some suggestions to improve the copyright law norms of user-genaerated content in China.On the basis of the establishment of legal policies,combined with the analysis of the status quo of the copyright law of user-generated content,this paper puts forward judicial and legislative suggestions.In judicial practice,we should expand the scope of fair use of interpretation,include the content created by non-commercial users into the scope of fair use,and identify the content created by commercial users as infringing works.In the legislative proposals,it is suggested that the content created by non-commercial users should be included in the scope of fair use,and the content created by commercial users should be included in the scope of legal license,so as to give consideration to the interests of copyright owners and users.