Study On The System Of Transformative Use Of Works

In order to make up for the shortcomings of the criteria for the fair use of copyright,the rules for transformative use of works created in the judicial practice of the United States,which have far-reaching implications for the development of the system of fair use of copyright.Starting from the historical context of institutional development,this paper theoretically deconstructs through the in-depth analysis and research of the transformative use of works,in order to solve the problem of the use of new works brought about by technological development,and combined with China's practice,to make recommendations on the revision of China's “Copyright Law”.The transformative use of the work demonstrates the balance of interests and protects freedom of expression,but it also has its own vagueness.As an alternative to the determination of the purpose and nature of the use of copyright in the fair use of copyright,the transformative use follows the value of the fair use system of fairness,innovation and efficiency pursued by the fair use system,breaking through the predicament of fair use,responding to the impact of technological development on the fair use system and solving the problem of market failures.Due to the flaws in the legislation and the flaws in the judiciary,China has the necessity of introducing the transformative use of works.The theoretical research and the practice of the court in the case referee provide a theoretical and practical basis for the introduction of transformative use in China,and the introduction of transformative use is feasible.In the specific system design,the general principle of fair use of copyright should be established,the transformative use should be improved from the two aspects of the subject standard and the behavioral standard,and the guiding case system should be used to provide support for the application of the transformative use in practice,to perfects China's copyright legal system and promote cultural prosperity and social development.