Research on the Application of Transformative Use in Copyright Infringement
[Purposes]This paper aims to explore the problem of fair use system in the field of copyright in China and abroad,and to provide ideas for the improvement of China's Copyright Law and judicial prac-tice.[Methods]The connotation and value of transformative use were clarified,and its relationship with China's rational use system was clarified,localized and reshaped.[Findings]Transformative use can break through the framework solidified by closed enumeration and enhance the flexibility of the fair use system,but a correct path is needed to invoke it.[Conclusions]The theory of transformative use can be extended to the underwriting clause of the Copyright Law,and the"three-step test"can be used as the only interpretation path.It is clear that the content conversion assists the purpose conversion to identify the transformative use.At the same time,it is supplemented by the reference ratio standard for multiple interest considerations,and finally the market factor is the center to determine whether it constitutes fair use.
transformative usecopyrightfair usethree-step test
万方数据
维普
