Research On Copyright Law Regulation Of Re-Creation User-Generated Content

User-generated content(UGC)is a new phenomenon with the development of digital technology,and its characteristic of using others' works makes it labeled as infringement.However,in this era of all innovation,UGC has become an important part of the content and created new profit models for the Internet platforms.Also,UGC agrees with the value of copyright law.So,it is imperative to adjust the fair use system in China to respond to the development of technology,and set legal boundary for UGC so as to form a new balance of interests between the right owners and users.This article mainly takes the UGC's challenge to China's copyright law as the starting point.First,it analyzes the conflicts between re-creation UGC and copyright,and then analyzes the legitimacy of including re-creation UGC into the fair use.Then it analyzes the extraterritorial experience of incorporating re-creation UGC into the fair use.And finally it considers the regulatory paths of re-creation UGC in China.The first part of this article starts from the definition,types,and characteristics of UGC.First,it clears that the object of this article is re-creation UGC.Then discuss the conflicts between re-creation UGC and copyright law.Due to the characteristics of usage of the previous works,according to China's current copyright law,it is an infringement.Then analyze UGC's copyright regulation predicament in combination with the legal system.The second part analyzes the necessity of incorporating UGC into fair use.Firstly,it points out from the perspective of economics that the positive externality of UGC cannot be marketized,which is easy to cause market failure and is not conducive to creation incentive.Then it analyzes the external existence dilemma of UGC from the abuse of the safe harbor principle and the application dilemma of the CC,and further point out that the external existence dilemma exacerbates the problem of interest imbalance.Finally,it analyzes the legislative purpose of copyright law and the legislative value of fair use,and point out that re-creation UGC is consistent with the legislative purpose and legislative value of fair use of copyright.The third part is the reference of foreign experience.Analyze the experience of Canada and the US in incorporating re-creation UGC into fair use regulation.This paper analyzes the advantages and disadvantages of Canada's fair use type expansion,UGC exception,semi-open fair use and the conversion use system in the US.The fourth part of this article is to explore the paths of incorporating re-creation UGC into the fair use regulation in China.The analysis angle is the method of inclusion and the criteria for inclusion.There are two ways of inclusion,one is to increase specific types of fair use,and the other is to expand the interpretation of the‘appropriate reference' clause.The included standard is ‘three-step test',and only re-creation UGC that meets the three-step test can be included in fair use.The conclusion of this paper is to expand the specific types of fair use,such as adding the parody fair use,and absorbing the spirit of semi-open fair use and transformative use to expand the interpretation of the ‘appropriate reference' clause.Through these two paths,the scope of application of fair use is expanded,and the legal environment of UGC for re-creation is more relaxed.While protecting the interests of copyright owners,the creation of users is encouraged,and the development of new technologies and business models are promoted.