Research On Transformative Use And The Application Of Copyright Limitations

Copyright limitations are provisions in copyright law to strike a delicate balance between the copyright holder?s exclusive rights and the public interest, playing a significant role. Differentiated from the fair use doctrine of American copyright law, China?s copyright law has clearly listed all the twelve cases considered as copyright limitations and exceptions so that it can be stable and predictable. However, this fixed system cannot accurately settle the changeable social problems, especially the complex disputes concerning copyright in this digital era. Some cases related to Internet technologies have been improperly decided due to the persistency in the traditional rigid standards, in which new technologies were held infringing thus prevented from further development. Under the circumstances, a new open system with new evaluation methods is needed to protect the creation and development of new technologies and works, and to promote the cultural prosperity in order to better accomplish the goals of copyright law.“Transformative use”was first proposed by Judge Leval in the essay Toward a Fair Use Standard, which, with great impact on the decisions of many American copyright cases, has long been functioning as an important element in judging fair use. As its connotations accord with the goals of copyright law and the essence of traditional fair use standards, it should be regarded as one form of fair use. If “transformative use” is applied, the uses that is highly creative with no harm to the exclusive rights of the copyright holders but unlikely to be considered as fair use under the traditional framework of copyright limitations, may survive. Although it can only be applied in limited fields of copyright according to the specific situation in China, it will function well if carefully dealt with, and then enrich the connotations of China?s copyright limitations and truly accomplish the goals of China?s copyright law.