Research On The Transformative Use Of Copyrighted Work

The transformative use established by an American judge,is used to determine whether the fair use can be constituted.Although the transformative use has not been applied for a long time,from the current judicial practice,it has become the dominant factor for the U.S.courts to determine whether the fair use is made,at the same time,it is also an important criterion for our courts to measure infringement disputes caused by the new behavior of using work.Therefore,it has certain reference value to perfect the legislation of the fair use system in our country,exploring the theoretical development and judicial application of the transformative use.This thesis is divided into five chapters except the part of conclusion.The first chapter is the introduction,the core content is to explain the reason of the thesis' s selection and introduce the existing research results of domestic and foreign scholars on the transformative use problem.The second one is the historical investigation of the transformative use,focusing on combining specific cases to elaborate the generation and development in the judicial practice.The third one is the theoretical analysis of the transformative use,after defining it,the relationship between it and the fair use,and the deductive behavior is discussed.The fourth chapter is the necessity and feasibility of the transformative use established in our country.First of all,it explains the necessity from the current situation of our fair use system and the value of the transformative use.Then,it points out that the establishment of the transformative use in our country already has theoretical foundation and practical basis.The fifth chapter is the reference and application of the transformative use.It is to discuss the enlightenment of the transformative use in the domestic copyright law environment,mainly from the theoretical controversy about the general clause of the fair use in our country.