Research On Transformative Use In Fair Use Application

Transformative use originated from the judicial practice in the United States,which is the theoretical quintessence that the United States court has concluded by the constant exploration and induction of the application of the four fair use factors in related cases.From the initial concept of "productive use" to the formal establishment of the "transformative use" standard,which firstly only focused on the creative requirements of the transformation of the original content and gradually extended to the purpose and function value of the behavior,transformative use is becoming vital in the US fair use system which is improved to adapt to the development of times.With the development of new technology,there have been a series of infringement disputes arising from the legal ambiguity of some new behavior caused by technological progress.In the case that the traditional fair use system of copyright cannot provide any explanation,drawing lessons from the US transformative use so as to add some flexible provisions to the rigid fair use system of China.On the basis of our existing legislation,practice and theory,we can research the specific application of transformative use in the judicial practice in China to provide clearer judicial rule for relevant judicial practice in the future.So we can solve the problem about the uncertainty of relevant laws judicial application in the development of new technologies,make the fair use system play the role of balancing the interest under the current historical background,and finally promote to truly accomplish the goals of copyright law.