The Fair Use Research Of User-generated Content

“User-Generated Content” refers to content created by non-professional means with certain creative labor and published on the Internet.Audio-visual miscellaneous,visual appropriation,parody,etc.are all manifestations.The important creative method of“User-Generated Content” is re-mixing,that is,editing and combining existing digital works to form new works.On the one hand,due to the search cost of the transaction and the non-commercial reasons for the creation,the user's use of the existing work is often unauthorised and there are barriers to interpretation of reasonable use,alleged copyright infringement.On the other hand,based on the nature of its non-commercial use,the harmlessness of the economic interests of the right holders,and the consideration of the cost of the book,the copyright owner often adopts a default attitude towards the use of the class,forming a gray area where the copyright attribute is unclear.Studying whether the use of copyrighted works of others in "User-Generated Content" constitutes a fair use,the significance is to clarify the legitimacy of user behavior in "User-Generated Content",and to reflect on the unbalanced interests brought about by the continuous expansion of copyright in the Internet era and the weakening of fair use.The root of the copyright law dilemma of "User-Generated Content" lies in the imbalance of interests under the joint effect of copyright expansion and the weakening of fair use.Exploring the causes of the imbalance of interests found that "technical determinism" can not explain the inevitability and rationality of the weakening of fair use,and the role of interest groups behind the imbalance of interests directly illustrates the moral non-sacredness of this status quo.Incorporating the use of existing works in "User-Generated Content" into the scope of fair use is not only a respect for the user's cultural rights,but also the essence return of fair use,which is the only way for the copyright law to restore the balance of interests.There are three ways to interpret the use of existing works by "User-Generated Content" into reasonable use.The first one is the “transformative use”: the user's creative behavior has changed the content of the original work,the purpose of use and the way of use,and will notform an alternative supply of the original works.Its deductive behavior is generally separated from the original work interpretation market,without the possibility of infringe on the interpret market of copyrights holders.The second is “personal use”: personal use in the network environment should not be constrained to the formal requirements of “private domain”,but should be returned to the essence of “market judgment”.“User-Generated Content” is essentially a “personal use” behavior that does not prejudice the interests of the rights holders.The dissemination of elements of existing works may be interpreted as“follow-up use”.Third,it could be clearly as one kinds of fair use behavior in legislation.Establish this kind of behavior as a type of fair use behavior could compensate for the deficiencies of the first two abstract interpretation paths.