Analysis On UGC Exception Of Canada Copyright Act And Its Applicability To China

In the field of copyright,the study on UGC(user-generated content)has been continued for a long time.The UGC exception is a defense designed by Canada Copyright Act against the claim of infringement,which is unique in the world and of great significance in UGC research.However,in China,there are few papers that discussed this legislative example.Even if it was mentioned in some works,there is no in-depth discussion.This paper studies and comments on this legislation and the opinions towards Canadian UGC exception,ant at last assess it from all aspects.Also,this paper discusses its applicability in China legislation.For the first section,this paper introduces the definition,value of UGC and legal discussions towards it.Then it briefly demonstrates the inclusivity of different right limitation systems for UGC,and introduces the special UGC Exception of Canada and its legislative background.The next,based on the legal provision of UGC Exception and other provisions of Canadian Copyright Act,this paper analysis and interprets the content as well as the meaning of this provision,and briefly summarizes other countries' attitudes towards this exception.The second section of this paper focuses on opinions from different aspects on considering the UGC Exception and its practice.Through reviewing on these opinions,the real problems and weakness of this exception in its practice can be identified,and a comprehensive comment on this exception can be established.In the last part,this paper turns its perspective to China,in which UGC and its relevant industries have been developed for years.Based on the revision and practice of copyright law in China,this paper analyzes the necessity and feasibility of this exception in China's legislation and gives a draft of China UGC exception.After the analysis and discussion above,this paper comes to its conclusion.In this part,this paper goes along with the opinion that the value of UGC creation deserves to be recognized by laws,and the healthy development of UGC culture and related platforms also needs to be regulated by laws.In order to dealing with the profit distribution among creators,disseminators and users in this respect,it is necessary for China Copyright Law to response to UGC by legislation.Canada UGC Exception is a legislative model worthy of reference.Though in practice its effectiveness was reduced due to the inconsistency of international attitudes,its method designed for interest distribution and its legislative spirit do have progressive significance.China now enjoy a practical environment that is more receptive to UGC exceptions than Canada.By referring to and learning from the important elements and spirit of Canada UGC Exceptions,as well as combining the environment and UGC practice in China,an UGC exception suitable for China can be designed.This law transplantation is operable and of great practical significance to solve the problem of massive UGC infringements in China.