On The Transformative Use Of The Work Of Others By User-created Content (UGC)

User-generated Content(hereinafter referred to as UGC)refers to the Content uploaded or transmitted on the Internet created by non-professional users with a certain degree or proportion of creative labor.Because of its simple operation and intelligent technology,non-professional users can express,upload and share their works freely through simple operation on the Internet platform.Users' use of other people's works and the resulting creative interactions can be seen everywhere on the Internet.The emergence and development of user-created content in China are in a new stage,which is followed by many infringement problems in the process of creation.In China's current judicial practice,the infringement issues mainly involved in user-generated content usually use transformative use as the defense reason,but the court's recognition of transformativel use is not high.One of the focus issues is that the boundary between fair use and infringement is unclear,the applicable status of conversion use is uncertain,and the judgment standard of "appropriate quotation" is not unified.There is no unified identification of the behavior of secondary users to create content and use other people's works.In the specific case,a judge in his ruling,the use of transformative affirm,some judges cited "implementing regulations of the People's Republic of China copyright law" to further explain,and part of the judge's reference to reasonable use of "appropriate use" to explain,result in the trial practice standard not unified,in connection with different phenomenon.At the same time,the legislative attention to this issue is not enough,which also causes some troubles to the judicial practice identification.Therefore,to discuss the theory of the interpretive status of transformative use in the field of user-generated content is helpful to determine whether the use of others' works is the scope of fair use or a tort,so as to further define the fuzzy zone of fair use.The first part of the article searches the cases involving "transformative use",takes 21 judgments as the case objects,sorts out and summarizes the opinions and judgment results of the court,and draws the judicial problems in practice.The second part makes a theoretical study of user-generated content,and discusses its connotation attributes,types,characteristics,as well as the relationship between user-generated content and adapted works,in order to interpret the feasibility of transformative introduction from the perspective of user-generated content.The third part expounds the position of transformative application in the tort relationship by discriminating and analyzing the related concepts and feasibility of transformative use.The fourth part mainly discusses the significance and application path of transformative use under the background of user-generated content.This paper summarizes the field of copyright protection and user-generated content on the use of the work of another problem,based on the analysis comparison involving the transformation using the related cases in our country,and from the analysis on the characteristics of user-generated content,type,analysis of the transformation using the theory and application status in our country,the overseas to deal with the problem of the model and the experience and lessons in the process of development,to meet the needs of reality,combined with the value of conversion use principle,and "three-step test" "appropriate references" related to copyright infringement of the standard comparison and combining with related cases.This paper discusses how to construct the legal status of the theory of transformative use in China,seeks the application path of transformative use in user-created works,and hopes to explore the solutions to the infringement problems related to user-generated content that are suitable for China.