Research On Transformative Use Rule

Under the background of new technology,the use of works is more and more diverse.In recent years,relying on the booming development of the Internet and the broadening of netizens’ entertainment,film and television mixed cut short video is popular among netizens.Creators use the pictures,sounds and music of film and television works for secondary creation,and then upload to the Internet for dissemination.These creative methods do not fall into the category of fair use legal situations listed in Article 24 of China’s Copyright Law,and item 13 of the newly added "bottom-saving clause" does not provide effective help.The courts have actually made reference to the Four elements theory of fair use in the United States when hearing fair use cases.As the core rule of the four elements of fair use,transformational use rules have attracted the attention of Chinese scholars,hoping that transformational use rules can solve the problem of insufficient flexibility of the reasonable system of China’s Copyright Law.The "copyright law" the 107 th regulation for the rational use of four elements,found in judicial practice in academic papers and transformation rules,according to the rules,to emphasize more on the judgment of the rational use of works using behavior compared to the original works,whether through content conversion or purpose to produce a new aesthetic feeling and value,as the transformation using the theory of the rich,The United States has gradually established the rules of conversion use that focus on conversion of purpose.The application of transformational use in several typical cases changes the judgment of rigid fair use.This paper tries to use transformational use rules to reform the fair use system in the context of China’s Copyright Law.This paper mainly includes the following contents: Firstly,it expounds the issues related to transformational use,introduces its origin and development status,and clarifies the relationship between transformational use and rational use;Secondly,the paper analyzes the popular background and defines and classifies the short mixed cut videos from the perspective of theory and judicial practice,discusses the difficulties in identifying the use of short mixed cut videos from the perspective of theory and judicial practice,and points out the necessity of constructing the use rules of conversion.In the end,the author suggests that the four elements of fair use of US copyright law should be introduced,and that the transformational use derived from the first element "purpose and nature of use" should be regarded as the dominant factor in judging fair use.In the judgment of transformational use,we should attach importance to the purposeful transformation,and take the "ordinary rational public" in the field of relevant works as the defining standard,and whether the use of works for commercial purposes is not the key point of judgment.