Research On Copyright Protection Of User Generated Content

With the rise of various online platforms and the development of mobile applications,online cultural and entertainment activities have become an essential part of people’s daily lives,and User-generated content（UGC）is a phenomenon that has gradually emerged in the Web 2.0 environment.In the digital network environment,along with the application of various digital technologies,user-generated content is developing in various ways and is widely adopted and used by various online media.At the same time,various platforms with user-generated content as the core have gradually become the main base for people to receive fragmented information and communicate with each other.From Wikipedia,which users can edit together,to social sharing platforms such as Weibo,Xiaohongshu and Zhihu,to various short video software such as Shake Yin and QuickTime,user-generated content continues to attract more and more user groups with its convenience,inclusiveness and sharing characteristics.Since its promulgation in 1990,China’s Copyright Law has been amended three times to keep pace with the times,and in 2020,the third amendment to the Copyright Law was made in response to the development needs of the new Internet era.Nowadays,user-generated content,as a way for internet users to express themselves and show their individuality,is not bound by the restrictions of time and place,and constantly injects fresh "blood" into the cultural industry,including many kinds of high-quality content and works,which constantly promotes the progress of social and cultural development and the prosperity and expansion of the market economy,and has important social value.It is an important social value.Based on the characteristics of the digital network,various user-generated contents existing in the online environment are also constantly challenging the current copyright system in China.The intellectual work created by original users can easily be stolen by other internet users while the right holders are caught in a difficult situation to defend their rights;whether the act of internet users in using the content derived from other people’s existing works is "fair use" in the sense of copyright law or infringement of other people’s copyrights;in an internet environment where various kinds of real and fake information are mixed,if internet users want to use other people’s works,they may not be able to do so.In an online environment where there is a mixture of genuine and fake information,how can an online user who wishes to make use of another person’s work actually obtain the permission of the copyright owner in an effective manner,etc.These issues are not only confusing for the users themselves,but also not unanimously decided in judicial practice.Therefore,the study of the copyright protection of user-generated content is of urgent practical importance.Taking common user-generated content as an example,this article discusses the copyright protection of user-generated content on the basis of practice,and contains the following four main parts.In the first part,the discussion revolves around user-generated content itself.Firstly,the concept of user-generated content is explained and illustrated with the author’s own understanding,in an attempt to give the reader a better grasp of what user-generated content is all about.Secondly,the types of user-generated content are described in order to make them clearer.Then,the copyrightability of user-generated content is analysed based on the subject matter of the article.Finally,the necessary implications of current copyright protection for user-generated content are discussed,setting the stage for the analysis that follows.In the second part,the dilemmas and difficulties that exist for the protection of copyright of user-generated content in the current Internet environment in China are pointed out.This part analyzes from diverse perspectives.Firstly,it elaborates that there are certain peculiarities of the phenomenon of copyright infringement in the Internet environment,and illustrates them from two aspects.Secondly,it analyses some challenges posed by the rapid development of user-generated content to the current copyright system in China,such as the lack of protection of user-generated content copyright by the fair use system and the increased difficulty for users to obtain permission from right holders.Thirdly,it discusses the possible lack of responsibility in protecting the copyright of user-generated content from the perspective of online service platforms.Fourth,from the perspective of users as authors themselves,the problems they have in safeguarding the copyright of their works are analysed.The above multi-faceted analysis provides a direction for the resolution of the issues below.In the third part,we introduce the corresponding measures to protect the copyright of user-generated content in foreign countries.By sorting out and analyzing the relevant legal provisions and protection models constructed outside the law in foreign countries in respect of the protection of copyright of user-generated content,we can draw on the strengths and weaknesses and learn from the corresponding beneficial measures in accordance with our national conditions.In the fourth part,it discusses how to improve China’s current model of user-generated content copyright protection in the new era of the Internet.To this end,the article concludes with five suggestions,namely,firstly,internet users should strengthen their copyright awareness;secondly,improve the relevant provisions of China’s copyright law;thirdly,improvement measures for online platforms;fourthly,increase the application of blockchain technology;and fifthly,improve the construction of a social integrity system.The purpose of this article is to discuss and analyse the current copyright protection of user-generated content in China,in the hope of regulating the increasing copyright infringement in the Internet field while reasonably protecting the legitimate rights and interests of the corresponding users,with a view to seeking a balance between the interests of all parties,providing a good digital environment for the rapid development of user-generated content,and ensuring the development of the cultural industry in the digital era to be stable and far-reaching.