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An Empirical Study on the Second Creation Defense in the Chinese Copyright Law

Shengpu Huang


In the era of "We Media", network communication is decentralized and arbitrarily enhanced, which brings challenges to network monitoring. In judicial practice, online works are frequently complained by the original copyright owners. Due to the game of interests, all parties still reached no consensus on the boundary of the second creation works. In this regard, it should not only discuss the extension of secondary creation from the Copyright Law itself, but also determine the scope of secondary creation as a reasonable defense from the judgment of judicial practice.


Copyright; the New Copyright Law; Secondary Creation; Empirical Analysis

Full Text:



Tang Yan: On the Copyright Regulations and Protection of Secondary Creation, in Intellectual Property, No.11,2016, p. 46.

Wu Haidong: On Reasonable Use, included in Law Research, Issue 4,1995.

[America] Michael A· Einghorn: Media Technology and Copyright: The Integration of Economics and Law, translated by Zhao Qishan, Peking University Press, Edition 1, March 2012, p. 17.

Review of the Federal Court of Appeals for the Second Circuit Capitol Records v. Vimeo Company Judgment, contained in China Copyright, 2016, No.5, p. 61.

Li Chen: The Possible Impact of the Short Video Industry on Copyright Protection, contained in China Copyright, 2017, No.4, p. 11.

Zhou Peng: Analysis of Recognition Rules of Adapted Works —— Based on American and German Experience in Rule of Law Society, 2019, No.5, p. 81.

[German] M.Ray Bingde: Copyright Law (13 th), Zhang Enmin, Law Press 2004, p. 159.

Jiang Ge: On the "Structure of Wide Entering and Wide Out" of Copyright Law, Chinese and Foreign Law, 2021, No.2, p. 327.

Liu Yinliang: The Right to Use the Public in the Copyright Law, contained in Chinese Social Sciences, 2020, No.10, p. 183.

Liu Yinyan: Research on the Copyright of UnPermitted Works is included in the Journal of Henan University of Economics and Law, 2021, issue 1, p. 103.

Jiao Heping: Research on the Reasonable Use of Copyright of Online Games, published in Legal Science, 2019, No.5, p. 76.

Xiao Hong: "Brief Seminar on Reasonable Use of Film Works", contains China Copyright 2014, No.3, p. 94.

DOI: http://dx.doi.org/10.18686/mmf.v5i4.3785