Research On Copyright Law Governance Of User Generated Content

With the development of Internet technology,the threshold of content creation has been greatly reduced.Content creation is no longer the "privilege" of a few people.This is an era when all individuals can become content creators.Internet users wantonly display their talents on online platforms such as Weibo,Post Bar,Tiktok,etc.These creative and non creative content generated by internet users on internet platforms are user generated content.User generated content has two sides,creating enormous cultural,economic,and human rights value,while also leading to an increasingly rampant problem of copyright infringement.The reason why user generated content has led to increasingly rampant copyright infringement is that the current copyright system cannot be well applied to user generated content.On the one hand,the existing copyright system cannot provide sufficient legal channels for user generated content,making many user generated content constitute copyright infringement;On the other hand,the safe haven principle that emerged in the era of Web 1.0 cannot effectively curb user generated content that constitutes copyright infringement,and even alienates it into a tool for user generated content platforms to evade copyright infringement liability.The ultimate goal of the copyright system of promoting social and cultural development is highly aligned with user generated content.Therefore,sufficient legal channels should be provided for user generated content to prevent creators of user generated content from being burdened with copyright infringement litigation,and thereby encourage the creation of user generated content.Based on this,this article proposes the following suggestions: establishing an implied license system for user generated content is the main way to legalize user generated content.After the copyright owner chooses to withdraw from the implied license system,the copyright owner,user generated content creator,and user generated content platform can adopt the copyright settlement center’s copyright management model as the copyright collective management organization Obtain a licensing agreement based on the industry autonomy model of prior licensing.In addition,the fair use system is also a beneficial supplement to the legalization path of user generated content.For user generated content that constitutes copyright infringement due to the inability to legally use others’ works through the aforementioned channels,strong containment measures should be implemented to fully protect the legitimate rights and interests of copyright owners,thereby ensuring their creative enthusiasm.But the existing copyright system cannot meet this demand,specifically,the current principle of safe haven is difficult to meet this demand.Therefore,this article proposes the following suggestions: exclude user generated content platforms from the scope of application of the safe harbor principle,make the adoption of content filtering technology a prerequisite for user generated content platforms to exempt from copyright infringement liability,and clarify the implementation details of content filtering technology.This article aims to conduct research on the copyright law governance of user generated content,based on the current legislative situation in China,combined with the actual development of user generated content,drawing on the practice and theoretical research of user generated content governance both within and outside the domain,and proposing reasonable suggestions for the improvement of China’s copyright system,in order to meet the governance needs of user generated content and provide better institutional protection for the development of user generated content,Assist in the development of user generated content industry.