Copyright Law Regime for the Legalization of Secondary Creative Acts

DOI: https://doi.org/10.62517/jel.202414302

Author(s)

Yanyan Fan

Affiliation(s)

School of Law, China Jiliang University, Hangzhou, Zhejiang, China

Abstract

With the diversified development of work creation and dissemination, copyright ownership and infringement disputes are becoming increasingly fierce. Private entities as creators and disseminators have overflowed the existing copyright legal system, and the fair use system is difficult to provide legal space for secondary creation. The effectiveness of legal and centralized licenses in secondary creation is also limited. In order to promote the development of secondary creation industry effectively, this paper tries to explore the path of legalization of secondary creation through literature research method and case study method. One is to establish a copyright trading platform to ensure comprehensive protection of copyright management electronic information during the process of work registration, pricing mechanism, and transaction negotiation. The second is to build a copyright sharing mechanism centered on network service providers, so that every work published on online platforms is accompanied by an exclusive "ID card", and rights holders can freely choose to enter or exit the platform. The user can pay the right holder through the network service platform. This path not only protects the property rights of right holders, but also helps private users to use the original work legally for re-creation under the premise of obtaining efficient authorization, and promotes the public's access to information and the prosperity of cultural development.

Keywords

Secondary Creation; Fair Use; Traditional Licensing Model; Rights-sharing Mechanism

References

[1]Xiong Qi. Copyright Law in the Era of Web 2.0: Problems, Controversies and Responses. Tribune of Political Science and Law, 2014, 32 (04): 84-95. [2]Li, Mingxuan. Dilemma and way out of the rigidity of fair use rules in copyright law. View on Publishing, 2022, (11): 52-55. [3]Chen Shaoling. Exploration of Short Video Copyright Dispute Resolution Path. China Publishing Journal, 2021 (17):10-14. [4]Beijing Internet Court (2020) Beijing 0491 Minchu 2880 Civil Judgment. [5]Xiong Qi. "User-created content" and the identification of transformative use of works. Law Review, 2017, 35 (03): 64-74. [6]Yang Ying. Application of "transformative use" standard in fair use adjudication. China Publishing Journal, 2018 (18): 66-69. [7]Xiong Qi. An economic analysis paradigm for the determination of fair use of copyright in "secondary creation". Contemporary Law Review, 2024, 38 (01): 108-120. [8]Yu Hui, Liu Huifang. Study on the Rational Use of Secondary Creation Short Video. Journal of Dezhou University, 2024, 40 (01): 30-34. [9]Anhui Province Huainan City Intermediate People's Court (2022) Anhui 04 Minchu 125 civil judgment. [10]Gao Li. Review and Reconstruction of the Copyright Fair Use System in the Digital Age: A Theoretical Analysis Based on Technology Neutrality. Journal of Soochow University (Law Edition), 2023, 10 (03): 41-52. [11]Zhang L. X. Legal and economic analysis of the authorization rules for secondary creative short videos. Journal of Gansu University of Political Science and Law, 2023, (05): 62-74. [12]Liu W. The Dilemma of Determining the Fair Use of Copyright in Short Video of Secondary Creation and the Path to Dissolution: An Analysis Based on Judicial Practice. Journal of Entrepreneurship in Science & Technology, 2023, 36 (12): 100-104.