Research On The Copyright Fair Use Of User-generated Content

With the development of new communication technologies,more and more people are participating in online social networking and hope to express their views on the world through the Internet.“User-generated Content”(UGC)is a work that amateur users create and spread to the Internet through various methods.It is different from traditional works in terms of production,dissemination,and utilization.UGC exists in the use of prior works and may infringe the copyright of prior works.The difficulty in judicial practice is to analyze the relationship between successive works and to make legal judgments on the use of UGC.In this paper,I use theoretical analysis,comparative analysis and other methods to discuss the topic.I studied the application of reasonable use on UGC to discuss the further improvement of China's Fair Use.First,I proceed from the concept of UGC,and classify the UGC's display form and creative method respectively,summarize the characteristics of UGC,and discuss the necessity of protecting UGC.Second,I studied UGC starting from the development status,the relationship between users and UGC platform,and the problems in the development of UGC are summarized.Third,I applied the principle of fair use to the creation and dissemination of UGC to explore the relationship between the them and the current deficiencies in the rational use of the system.Finally,in light of the background of legal amendments,we propose proposals for adjusting the scope of fair use in China from the perspective of legal regulation,and make the criterion of UGC for fair use clearly in order to solve the problem of unbalanced interests between secondary author and original author.At the same time,supporting measures should be constructed to promote the real-name system for the platform,to strengthen the monitoring and intervention of the technology,and to promote the formation of a classification system for cultural industries.