Research And Reference Of Transformative Use In American Copyright Law

At the time of the revision of the Copyright Law of our country,in the Copyright Law(revised draft submitted for review)of 2014,there are new baseline clauses in the rules of rational use,and restrictive provisions that the normal use of works and the legitimate interests of copyright owners should not be affected and damaged,reflecting the open development trend of the fair use system in our country.At the same time,this trend is also reflected in the situation of official documents such as Supreme Legal Opinions and official approval of relevant cases.As a typical country using the method of rational use of factor analysis,the theory and practice of the United States are relatively mature.Therefore,the system design and trend of the four elements have become the focus of our attention and learning.In the rational use system of the United States,"transformative use" is the current trend and plays an irreplaceable role in determining the rational use.But at the same time,since the development of U.S.transitional usage rules,some opponents claim that their identification criteria are vague and the scope of application is too broad,which has triggered discussion.Therefore,the author carries out case studies and theoretical analysis on some issues of the convertible use under the four elements of rational use in the United States,with a view to putting forward his own opinions on whether and how to use the convertible use rules for reference in China under the current trend of open legislation.Logically,the article is divided into two parts,that is,from the perspective of the United States,the source and development,standards,existing problems and causes of convertible use in the United States are analyzed;from the perspective of our country,the current situation of the application of convertible use rules,the reasons and methods for reference are analyzed.Finally,the author believes that it is necessary for China to learn the rules of transformative use,but the focus of study should not be on the superficial content such as the sentence expression of the rules and the specific usage of other countries,but on the flexible grasp of the core behind the rules and make different specific application suggestions according to the actual situation of whether or not China directly quotes them.