Research On Transformative Use In Fair Use

With the development of electronic and information technology,China’s closed fair use system is gradually unable to cope with the use of new works in the electronic and information technology environment.In the judicial practice,there have been several cases of transformative use that have not been applied in China‘s law to deal with the disputes brought about by the use of new works.In particular,since the trial of the Google Digital Library in China,it has caused many scholars to explore the issue of transformative use.However,due to the lack of understanding of the theory of transformative use,some existing views are onesided.For example,some scholars confuse transformative use with fair use,transformative use and deductive behavior;some scholars suggest that transformative use will damaging copyright owners with unreasonable violations,we should respond to environmental changes by adding enumerative clauses or drawing on market-centered market failure theory.In view of these situations,In order to support the point of view that we should reference and application transformative use,this paper aims to clarify the development of transformative use at china and abroad.Clarify the basic connotation of transformative use and its relationship with other prior systems to clarify its position in copyright law.Through case and data to analyze the legitimacy and necessity of the transformative use,to clarify the institutional space of transformative use in China.Finally,combined with domestic and foreign practical experience,pointed out how China should apply the transformative use and how to prevent the problems caused by it.