Research On The Judgment Rules Of The Transformative Use Of Works

Fair use is a regime of law of appropriate restrictions on copyright for the public interest.With the expansion of copyright and the rapid development of information dissemination technology,the demand for fair use is growing rapidly.China's fair use system adopts a closed legislative mode of enumeration,which is difficult to cope with the problems brought about by rapid development.Transformative use is a judicial rule summed up in American judicial practice,which plays an important role in determining the composition of fair use.In the era of digital network,the copyright problem presents a trend of global synchronization,and China's judicial field has begun to explore the introduction of transformative use theory to expand the scope of fair use.Transformative use is an important factor in the judgment of rational use in the United States.The system of fair use in the United States is an open legislative model,which has four components.The introduction of transformative use in the judicial field of China needs to be combined with the actual situation of our country for selective reference.This paper deconstructs the concept of transformative use,analyzes the development and evolution of transformative use,summarizes the judgment rules of transformative use,and studies the problems in transformative use,combining with the legislative purpose of copyright law,the basic theory of fair use and the principle of interest balance.According to the current situation of the transformative use in the judicial field of our country,the fair use system of copyright,and the current situation of the development of copyright,this paper analyzes the reference significance ofthe transformative use to our country,and introduces the ways and means of the conversion use.