Research On Copyright Fair Use Of User-Generated Content

The legitimacy of user-generated content is controversial because it relies on the creation techniques such as large copy,excerpt,cut and splicing of existing works.On the one hand,the use of a work may be the right holder of copyright infringement,on the other hand,user generated content is usually the ordinary Internet users for share,participate in social life,comment and other non-commercial purposes,represents the basic needs of Internet users to participate in social life,and there are quite a few belong to the creative use of the original,It promotes cultural innovation to a certain extent,and will not replace the original market,nor cause unreasonable damage to the legitimate interests of the right holder.In order to balance the interests of copyright law,some reasonable use space should be given to meet the needs of social public interests such as freedom of expression,cultural prosperity and Internet economic development.However,China’s current fair use system has some problems,such as narrow scope of specific circumstances,general clauses and unclear definition of general clauses,which also lead to different judgment standards and different judgments of the same case in judicial practice.In order to deal with the legitimacy of user-generated content under the background of new technology,the typical type of user-generated content can be set as the specific situation of fair use,so that the provisions for the bottom can be operable,and the channel for the emerging new forms of user-generated content can be opened.At the same time,it should be clear that the determination of fair use in judicial practice should strictly follow the "three-step test method",and clearly define the specific connotation of "does not affect normal use" and "unreasonable harm",so as to provide a unified judgment standard for the judiciary.Transformational use rules can also be introduced through judicial interpretation to include user-generated content conforming to purpose conversion or content conversion into fair use,provided that it meets certain transformational requirements.