Constructive Study On Fair Use System Of USA And China

Fair use is a universal system in the copyright law of mos countries', and meantime, in the theory and practice ol the copyright, is a controversial and difficult to judge these are stipulations in exphc. terms for fair use in our copyright law. But lots of imperfections stil exist in legislation and justice .In view of this, the paper analyses the fair use system from different angles.Firstly, in the very beginning, the article approaches the fair use from historical clue of its creation. Thus, it lays the groundwork for the follow-up discussion. Then, what is the fair use? How about its nature0 What on earth is the object ol fair use? works or right? What is the imperfection in the theory of user's right? For these questions, there are detailed analysis in the article. However, which use on earth is " fair "? For this, the article and explain the realistic sense and practical value o this criterion .On the foundation ,the article explore to the fair-use system from further step ,that is ,the analysis for beneficia result .Through citing the theory of economic result ,the pape comments on the fair use system .Never the less, with the development of modern technique in propagation, especially the digial technique, the fair use system suffe tremendous impact. There fore, in order to adapt to the changing and developing of technology, it is imperative to transform the legislation o fair use system. For the above-mentioned reasons, the writer puts forwcud some pieces of advice in the last, and hopes to make the fair use system more perfect.