The Copyright Law Regulation And Protection Of Derivative Works

With the popularity of the Internet and personal computers in our country,more and more amateur writers who have not been trained and do not use the creation as a way of life have begun to create their own works through the Internet platform.However,due to the lack of professional ability,many amateur writers in the creation of the use of other people's first works.According to the principle of "contact" and "substantial similarity" in copyright law infringement,this kind of use of the creative works of other people's enjoyment of the former copyright works,even if it is original,also constitutes infringement works.Due to the spread of works on the network behavior fall into the copy right and the right to network dissemination of information control,rational use of this category of creation and dissemination of behavior does not belong to the majority of our copyright law,should belong to the current legal system of copyright infringement.The use of the works of others to create works to increase the form of creation,and promote the development of culture,but also conducive to the general public to make use of the status of amateur writers free expression.But the criticism properties could be marginalized in the copyright industry in the amateur and amateur works are resulted from the original copyright owner authorized at high cost,and even rejection;at the same time,the author's creative amateur attention and restrict the expression of the most spread range is not big,and non market alternative point of profit the original is also small;in the network environment,technical measures and copyright.The right side set network protocol reduces the possibility of even through the rational use of contact work,further limiting the exploitation of the works,which have resulted in the network environment,the original amateur creators and the interests of the copyright owner of lost balance.The author believes that China's copyright law to obtain the original premise of amateur writers in the legal,non-profit purpose of creation and the original with the conversion,and does not produce the original market alternative works set special reasonable use system,as the copyright owner and the public interests adjustment.This paper is divided into four parts: the first part of the concept of starting with the creation of the works of the two to introduce the work of the two.The first part of the content from the user creation of America introduced the concept and definition of user generated content are clarified;then put forward the concept of two creative works based on the principle of technological neutrality,and the legal nature of copyright law in China under the system of the concept are discussed.The second part first analyzes the value of the two works in the cultural communication and the expression of personal opinion,and points out that in the era of the Internet,the author may have many obstacles in the creation of the two works.Thus,in the field of the two works of creation,the interests of the original copyright owner and the author of the two works have been out of balance.The third part mainly introduces the foreign to the two works dealing with the legislative and practical experience,through two aspects of network autonomous experience and legislative experience of multinational practice,trying to find from which can be applied to the design of the system China.The fourth part based on the above analysis,to explore the direction and summarizes our country two creative works of legislation,to balance the interests of the reference set,and explore with the interest distribution under the framework of copyright law copyright and the general public,puts forward the two creative works set in accordance with the conditions of the rational use of advice.