Applicable Analysis Of "Transformative Use" Under The Judgment Of Fair Use

For dealing with the diversification of second use behavior under the new technology background,our country made great reform to the fair use system in the third revision of Copyright Law,and legalized the "three-step test law" in international treaty to become a general provision.At the same time,on the basis of the original restrictions on enumerating rights,a provision is added.At the same time,the bottom terms are added on the basis of the original list of rights restrictions.But even so,the new situation that constantly appearing in practice still cannot be effectively resolved.The transformative use theory was born in the United States.It is the reason for copyright infringement recognized by the Federal Supreme Court.Therefore,it has been used as a basis for judging Fair use in the US court.Based on this situation,scholars advocate that the four factors analysis methods and the theory of transformative use in the US copyright law are used as the basis for judging the Fair use.Based on this situation,scholars advocate that the four factors analysis methods and the theory of transformative use in the US copyright law are used as the basis for judging the Fair use.At the same time,domestic judicial practice has appeared before the amendment of the copyright law.Determine the relevant jurisprudence of the nature of the behavior.Because the transformative use is not fully recognized in our country that follows the grammar,this situation that directly as the basis for infringement in judicial practice has triggered the research and discussions on whether the theory can apply and apply the issue in my country.This article involves multiple different types of copyright cases in domestic judicial referees involving the theory of four elements and the theory of transformative.Through the detailed explanation of the historical origin and evolution process of transformative,the reasons and functional attributes of the theory are displayed;then sorting out the domain-related case of the transliterated use,and found that the US court is confirming that the process of Fair use of the process is converted.The status of use has gradually improved.Further analyzes the purpose of the establishment of the rules in the field,the value attributes of the transliterated use,and the three dimensions of the judicial practical significance of the transliteration.Then analyze the essence of the transliteration,the inherent uncertainty of its own,and the transformative of the two different natures in practice,especially the content transformative and interpretation behavior of greater controversy in the theoretical community,in response to its Fair use with the United States Four factors and proper references in my country.Finally,we propose the localization design of the theory of transformation of the theory of transformative in existing problems and contradictions.Aspect is to give appropriate suggestions on how to properly introduce transformation in the Fair judgment of practice.