Research On The Identification Of The Copyright Infringement Of The Subject In User Generated Content

User-generated content(UGC)refers to content that can reflect a certain amount of creative effort through non-professional channels and can be publicly obtained.These contents,which are created by amateurs who rely entirely on the digital environment and do not require economic incentives,have created enormous economic profits for UGC websites,and have also brought with them complicated copyright infringement issues.In the case of user-generated content copyright infringement disputes,the dissemination,utilization,and generation of UGC mainly involve the tripartite entities of the UGC platform,UGC generators,and copyright owners.There may be a legal relationship of copyright infringement among the three parties.The UGC platform and the UGC generator are the main infringement subject and the liability subject.For the UGC platform,its copyright between UGC generators and UGC generators can be used by the platform or platform directly to the UGC.Because it meets the requirements of the contractual invalidation of the format terms,this agreement is an invalid agreement.Therefore,UGC's direct use of UGC without permission may constitute direct infringement of UGC generators.In the case of UGC itself infringing other copyrighted works,the UGC platform may be subject to its legal status as a provider of network services,pursuant to Article 36 of the Tort Liability Act,Article 22 of the Information Network Dissemination Rights Act,and relevant judicial interpretations.The regulations constitute indirect infringement of rights holders of copyrighted content.As for the UGC generator's infringement of the copyrighted works it uses,it needs to be identified according to the different types of UGC.The UGC generator in the adapted user-generated content constitutes a direct infringement of the right of adaptation of the copyright owner of the copyright,and whether UGC can constitute an adapted work is the key to determining the right to constitute an adaptation right.The UGC generator in the assembly-type user-generated content constitutes a direct infringement of the rights of the copyright owner of the copyright content,and the key to the infringement is whether the UGC content can constitute a compilation work.Reasonably cited user-generated content constitutes a conversion use based on its generated behavior,even if UGC producers use the copyrighted work without permission,it will not constitute copyright infringement to the right holder.