| The rise of Web2.0 provides users with an environment to participate in expression,creation,communication and sharing.In the past,the universal Internet access model has gradually been replaced by the national network mode,and users have become an important part of the Internet.UGC(User Generated Content)has brought a lot of problems while bringing huge economic benefits.The protection of UGC copyright has become a problem that the legal profession has to pay attention to.This paper introduces the emergence and development of UGC and analyzes the copyrightability of UGC.By demonstrating the legal dilemma of UGC copyright infringement protection in China: the fair use system of China’s copyright law can not be implemented as the defence for the liability of UGC without further explanantion;and the safe harbor rule is difficult to fit for shelter the Service Provider which might be indirect liable for UGC’s copyright infringement.The article combines the extraterritorial response to the UGC copyright protection law dilemma-conversion use,network access prohibition,strikeout and two network autonomy rules,summarizing its experience and lessons,and then pointing out that China needs to combine legal rules and network autonomy rules.Improve the UGC copyright protection model in China,specifically introduce the conversion use in the legislation,stipulate the technical filtering obligation of the UGC platform,promote the knowledge sharing mode and standardize the user agreement on the network autonomy level. |
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