Study On Transformative Use

China's rational use of the system is currently used in the legislative model is the "rules of the" legislative model,in this legislative model,did not give "conversion use" to leave too much space.Therefore,in the judicial practice,with the increase of the reasonable use of cases,China's rational use of the legislative model is frequently hampered,and some should not constitute copyright infringement cases,in our legislative system is often identified as infringement.Local courts face such a situation to start looking for different solutions,and the US copyright law system of rational use of the "elementalism" legislative model was quickly applied.Although our country has applied the "elementalism" judgment method in the judicial practice,the courts are confined to the provisions of the four provisions of the American copyright law system,and do not pay attention to the criterion of the first element implied in the reasonable use system-the use of conversion,therefore,the existing scholars on the use of conversion research is also very few.Therefore,it is necessary to systematically interpret and study the conversion.The concept of conversion is proposed by the United States,the Leval judge,in his article "Toward a Fair Use Standard".He argues that the use of the conversion is not the use of the original In order to reproduce the artistic value of the original itself,but by adding new forms of expression,meaning or convey the information,so that the original works in the use of the process has a new function or value.The concept of transformational use was first applied to the Campbell case,and since then,American scholars began to study the theory of transformational use and thus yielded more theories.In recent years,China with the "Web page snapshot case","funny imitation case" and so similar to the transformation of the use of behavior continue to emerge,the use of the relevant theory of conversion has also aroused the concern of our academic community.But the transformation of the use of the theory at the time of its creation is too vague,making the use of conversion in the application of specific cases when there are many problems.In order to introduce the theory of transformational use into the theory and practice of our country,it is necessary to make in-depth analysis of the use of transformation.First,the theory of transformational use abandons the theory of "market-centrism",which takes advantage of externality and interactivity and the use of works to determine the use of a work to form a transformative use.New meaning,new purpose or new value,and constitute a constructive use is not necessary to constitute a reasonable sufficient conditions.Second,the conversion is used on the basis of the above analysis.Respectively,divided into: the use of the contents of the conversion,the purpose of conversion and the use of content and purpose of the conversion of the use.Finally,specific criteria for the three types of transformability were obtained through specific analysis.Content conversion use of the original elements of the original division,and then examine the specific content of the new work,on the basis of this content to determine whether the original division of the elements are necessary for the new work.The purpose of the conversion of the use of the purpose of the work carried out the breakdown,divided into basic purposes and additional purpose,in the basic purpose of the same time,additional purpose has become the key to the purpose of conversion.And the use of content and purpose of the conversion is to use the content of the conversion and the use of the purpose of conversion criteria.Therefore,China's introduction of the rational use of the "elements" of the legislative model,and the use of conversion is the rational use of the first element of the standard,on the basis of this will have a clear understanding of the use of change,its important It is self-evident that this is also the copyright law protection system to solve the problem.Therefore,it is imperative to incorporate the theory of transformational use into the criteria for the determination of the use of rational use,to address the problems in the use of conversion,by limiting the criteria to make the conversion of the use of more clear.