Research On Copyright Infringement Of User Generated Content

Since the 21 st century,with the rapid development of Internet technology,more and more people participate in the interactive Web 2.0 era.As the core of the Web 2.0era,User-Generated Content(UGC)also makes the Internet from the era of universal use of the Internet into the era of universal web.Ordinary online users generally share through some websites or software that specialize in providing user-generated content,so these network platforms have become an increasingly important role in the Internet industry.Ordinary Internet users generally share through some websites or software that specialize in providing user-generated content,so these network platforms have become an increasingly important role in the Internet industry.User generated content is a double-edged sword,on the one hand,it provides opportunities for ordinary Internet users to express,create and share,and brings business opportunities and profits to UGC operation website;On the other hand,caused many problems,such as copyright infringement problem is becoming more and more common,copyright owners and UGC platform between the rights and obligations of the boundary is not clear,leading to copyright infringement problem occurs,can not be stopped in time and so on.The current Copyright Law of our country does not pay enough attention to this issue,and there is no clear and unified legal provisions applicable to this issue,generally referring to the relevant provisions.Therefore,in practice,it is easy to have different judgments in the same case,or even the phenomenon that there is no law to follow.Therefore,it is necessary to discuss the copyright protection of user-generated content.Based on the analysis of the basic situation of copyright infringement of usergenerated content,this paper summarizes the experience and lessons of foreign countries in solving this problem,and combines with the actual needs of our country,discusses the construction of our country's copyright infringement governance model.The subjects of user-generated content mainly include UGC creators,UGC service providers and the copyright owners of the original works.This paper analyzes the wayof infringement and the relationship of rights and obligations between the three subjects.Previous studies,scholars are mostly focused on the UGC service provider liability and exemption research,while ignoring the issue of the most important subject,that is,the creator of UGC,this paper focuses on its analysis of research,combined with relevant cases in-depth study of its specific way of infringement.This paper focuses on the analysis of the background,main content and the impact on solving practical problems of the governance model advocated by the American knowledge sharing model and the guiding principles of user-generated content service providers,summarizes their advantages and disadvantages,and combines with the actual needs of our country,in order to build a governance model for copyright infringement of user-generated content to adapt to China's development.User generated content in China started late,and the measures to solve tort liability need to be improved.Therefore,further study of our current solution to the problem of infringement of what defects and put forward the corresponding improvement measures.