Research On The Terms Of The Copyright Agreement For User-generated Content

User-generated content,as the soul of Web2.0 era,is a way for the public to open a new mode of using the internet.Users have become the dominant force in manufacturing information.Users create content exchanges,share anecdotes,gain attention and even economic benefits,while platforms use a variety of content gathered here to attract more users,while using these aggregated content to gain benefits.In the new network environment,the user set content producer and content enjoyer are one,and the platform becomes the "porter" of these contents.Therefore,user generated content is also the business model of the platform for operation and operation.In order to control the important information resources of user-generated content,platforms often stipulate the copyright-related issues of user-generated content through terms in their user registration agreements,mainly including the ownership of copyright and the responsibility of copyright infringement.The platform obtains the copyright of user-generated content by the agreed way,and at the same time allows users to bear the liability for possible infringement independently,thus forming an unfair state.In recent years,with the enhancement of public awareness of copyright,people gradually begin to pay attention to the copyright issues of their generated content.In addition,in the new digital era,various kinds of network infringement occur frequently,and the agreement in the user registration agreement is constantly questioned.How to balance the legitimate rights and interests of users and platforms has become an urgent problem to be solved.Through in-depth analysis of user-generated content copyright agreements in user registration agreements,classified summary,under the existing legal system,in order to propose reasonable solutions to such problems.This paper starts with the agreement clause on copyright of user generated content in user registration agreement,analyses and summarizes the types of agreed content,and on this basis,puts forward corresponding countermeasures on the solution of attribution,the control of effectiveness of contract agreement and the control of infringement risk.Generally speaking,it is divided into the following four parts:The first part is an overview of user generated content and user registration protocol,in order to clarify the relevant concepts and pave the way for the following discussion.In the second part,firstly,the attributes of user generated content are determined,and then the original attribution of user generated content is discussed.Finally,the attribution of user generated content in user registration association is analyzed.By classifying and summarizing the attribution,the effectiveness disputes caused by different ownership of copyright of user generated content are discussed.The third part,taking "jitter" and "Youku" as examples,analyses the agreement of tort liability in the agreement,clarifies the subject of tort,and combines with the existing provisions of legal allocation in China,analyses how to solve the conflict between the agreement and the legal provisions.The fourth part,on the basis of the first three parts,puts forward countermeasures for the reasonable solution of ownership of user-generated content copyright,the control of the effectiveness of contract agreement and the control of the risk of infringement of user-generated content copyright.