The Research On Regulation And Protection Of Copyright Of Re-Creation Works With The Revision Of Copyright Law As The Background

In recent years,with the advent of 4G and 5G era.the rise of short video and live broadcast industry,which has brought about the explosive growth of network re-creation works.We can express our views and share our creations on all kinds of platforms.However,as the number of creations increases,so do the problemsFirst of all,re-creation refers to the creation of new works based on pre-existing copyrighted words,images,films,music or other works of art through quotation,imitation,collage,mixing,adaptation,etc.,in order to achieve the purposes of parody,salute,commentary,etc.In terms of the form of creation,works of re-creation are different from those of second-creation.For example,the adaptation of literary works into film and television,music and dance works belongs to second creation,while most of the re-creation does not change the form of the original work.In terms of the nature of the work,the re-creation satisfies the main features of the work,and most of them are original and reflect the author’s intellectual achievements.In terms of the type of work,the re-creation falls into the category of adaptations,works of compilation and other deductive works.However,any illegal derivative work without the permission of the prior copyright owner shall be subject to the passive protection of the Copyright Law.Secondly,while the re-creation works is suspected of infringing on the personal and property rights of the prior copyright,it brings about many realistic contradictions.For example,with the popularization of the creation subject,the cost of user acquisition authorization is high and the success rate is low.Most re-creation have little influence on the original author,while the definition of fair use is relatively strict.In this era of traffic explosion,re-creators may inevitably accept a little reward,but the premise of reasonable use of non-commercial use of the criteria of non-commercial use of the criteria are also unreasonable and sweeping.Therefore,under the present legal system of our country,most re-creation works still have the risk of being judged as infringement.At the same time,in the judicial practice of judging fair use,judges have different ways to define the application of fair use,including "Two-Step Test","Three-Step Test","Four-Factor Test" and "Converting Use",which affect the unity of judicature.Therefore,on the basis of the newly revised Copyright Law of our country,I reexamines the fair use system of our country,and puts forward some suggestions.First of all,it is difficult for a re-creator to obtain a license,which may be solved by giving full play to the role of a copyright collective management organization as a medium,including but not limited to establishing a film and television copyright collective management organization on the basis of the current film copyright collective management organization,strengthening the cooperation between collective management organization and network service platform,increasing package licenses for individual users by collective management organization,etc.;introducing a standardized work license agreement;and signing a copyright license agreement between a copyright owner and a platform,etc.Secondly,in view of the different and unreasonable standards of fair use,it is suggested that under the present legal system,we must take the "Three-Step Test" as the basic premise and apply it correctly:the type of fair use must be limited to twelve legal types,and the judge is not allowed to create new types.We may quote the standard among the "Four-Factor Test" to assist judgment on "whether it affects the normal use of a work and is prejudicial to the legitimate interests of copyright owners",but in the end,we should return to the judgment of "specific case+general standard" in the "Three-Step Test".Specifically,In view of the large-scale citation of a work in a satirical work in re-creation,we may borrow "Converting Use" to redefine the meaning of "appropriate citation for the purpose of commentary." It may also assist judgment on the general standard of the"Three-Step Test".Finally,in view of the problem of "non-commercial use",it is proposed to make a comprehensive judgment according to the creation purpose,the number of fans and the amount of profit obtained and appropriately relax the standard of "non-commercial use" in the premise of fair use.