Study On The Rules Of Transformative Of Works

In the process of comical imitation,mocking performance,and collage creation of original works,there is more discussion about whether the reproduction of the original work as a whole is "infringement" or "fair use".In essence,fair use as a system that balances the creator and the public interest,its establishment is very necessary,but on the basis of fair use involves a more cutting-edge issue of translational use,if the social value of comical imitation works exceeds the original work,then how to determine the value of its transformative use,there is still a certain controversy in the study of this issue.As a country with a semi-open legislative model,China is at a relatively vague stage in the construction of the system,scope of application,and identification standards of the conversion use rules.This has led to the lack of guidance on conversion rules in judicial practice,so that many defendants today defend the use of conversionality.As a core judgment rule of US copyright law,the conversion use rule expands from the original scope of personal use to the scope of commercial use,which reflects significant flexibility and vitality,which can better balance the interests of copyright owners and the public and industrial development,and better fit the value and goal pursuit of copyright.Although China’s 2020 Copyright Law breaks through the original closed legislative model,due to the avoidance of issues such as the application standards of the conversion use rules,the subsequent judicial practice of secondary users uses a large number of defensive grounds for conversion to avoid infringement.It also gives judges greater discretion in ruling,which leads to differences in the results of adjudication.At the same time,the scope of fair use in China still exists to be limited to non-commercial use,and it is impossible to deal with whether the commercial use that has emerged can constitute fair use based on conversion use.The conversion use rules should be incorporated into China’s fair use system as an important rule element,the attitude of the court in the trial of specific cases and the laws and regulations on which they are based,as well as the cognition of the convertibility of secondary use behaviors and their degree;and through the conversion classification of content and purpose,the difficulties caused by the expression of conversion use in different types can be dealt with.China’s Copyright Law has created a legislative space for the introduction of transformative use,but relevant judicial practice shows that the transformative use system still needs to be further improved,and it is suggested that the general provisions of the three-step test method be used to constrain the boundaries of the conversion use rules,improve their provisions,clarify their positioning,and finally build general provisions for transformative use.First of all,we should clarify the perspective of the conversion use rule,and from the perspective of the ordinary rational public,we can well solve the angle problem that arises when the conversion use determination rule is applied.And through the issuance of relevant Guiding Cases and supporting judicial interpretations,the conversion use rules can be truly integrated into China’s fair use system,and the weight of its commercial use behavior can be expanded,breaking through the fixed thinking of the original non-commercial use.So that the function of balancing interests embodied in the conversion rules can be better played,so as to reflect the vitality of China’s rational use system.