Study On The Fair Use Of Copyright For User-Generated Content

User Generated Content(UGC)is defined by the World Organisation for Economic Co-operation and Development as content created by non-professionals through the Internet that is publicly available and reflects a certain level of creative effort.Tracing its roots,it is not an emerging product in the context of changing times and technological development,but rather the flourishing of an increasingly user-centered Internet environment that provides a virtual place for it to develop and flourish,allowing digital content to be easily reproduced and distributed.Therefore,the proliferation of this phenomenon marks the advent of the era of "allpeople creation".Analyzing the user-generated contents from the perspective of copyright,the user-generated contents in the secondary creation category with the conditions of "originality" and "capable of expression in a certain form" can constitute works in the sense of copyright law,and their existence has a certain role in promoting economic development and cultural prosperity.In contrast to various licensing models,the fair use system has unique advantages over the general licensing system,the centralized prior license system and the Creative Commons license agreement,and therefore it is necessary to include secondary user-generated content into the fair use system.However,from the existing judicial cases,it is found that there is a problem of inconsistency in the adjudication standards of local courts.From the perspective of the specific terms of fair use,there are obstacles to the application of user-generated content,and from the perspective of the abstract criteria of fair use,there is a high degree of fit between user-generated content and the fair use system.Therefore,in order to explore the specific path of incorporating user-generated content into fair use,the author refers to the relevant systems of many countries or organizations such as the United States,Canada,and the European Union,and takes into account the legislative background of China,proposes to introduce exceptions for user-generated content,add specific circumstances of fair use,and absorb the rules of transformative use to expand the"appropriate citation The "appropriate citation" clause,as well as the three-step test method as a framework to build relatively open fair use rules from a macro perspective,in order to provide a solution to the problem of fair use of usergenerated content.