| With the development of Internet technology,the creation and dissemination of copyright has also been profoundly affected.Network users use the Internet to obtain information efficiently and conveniently.Based on existing works,they have carried out large-scale network creation,and formed various types of user generated content such as video splicing,text rewriting,and web casting.The public has changed from a passive receiver of Internet information to producers and communicators of the main work.User-created content has evolved into an important way for the public to express ideas and cultural exchanges.However,user generated content involves a large number of references to previous works by others,most of which have not obtained permission from the copyright owner.Under China’s current copyright law system,the act of creating content and using other people ’s prior works is not covered by the fair use adjustment scope,and there is a risk of copyright infringement.This also concerns the balance between the rights of copyright holders and the cultural rights of the public.Innovation is the source of the everlasting legal system.The copyright law is aimed at stimulating the creation of works and promoting cultural development.Therefore,it cannot live up to the protection of the rights of copyright holders and undermine the freedom of public participation and expression in culture.Therefore,this article starts from the basic theory of the fair use system,and on the basis of clarifying the nature and type of user generated content,analyzes the challenges caused by the fair use system of copyright and the copyright licensing system in China based on user generated content,and uses the fair use test standard.Examine the behavior of using previous works,and then demonstrate the feasibility of incorporating user generated content under certain conditions into reasonable use with the legislative practice of relevant countries and regions,so as to try to put forwardrelevant suggestions for improving China’s fair use system with a view to Promote the copyright law to actively adapt to the development and requirements of the times,stimulate the creative vitality of the whole people,and create a prosperous cultural atmosphere. |