著作权转换性使用的本土法释义

As the result of the U.S. case law tradition, transformative use has been transplanted into China by the court without any statute law basis. Transformative use is used to deal with the problem of lacking limitations, which caused by the closed catalogue of limitation and exception rules in China copyright law. However, transformative use that directly used in the trial not only disrupts the fair use standard in China copyright law application, but also confused the fair use law making for the next copyright law in China. For this purpose, the essential meaning of transformative use should be uncovered by a comparative analysis. Then construct a suitable interpretation based on the local fair use tradition and “three-step test”, in order to protect the appropriation and user-generated content in digital era, and prevent a too-excessive application of limitations and exceptions.