On The Fair Use Of Copyright

The dual missions of copyright law are to protect copyright and to promote the development of social culture and science. Copyright law confirms and protects copyright while restraining it so as to promote the dissemination and exploitation of works. As a system to limit copyright widely accepted in copyright laws of different countries, fair use rule permits disseminators and users of works to exploit copyrighted works without the content of the copyright owner and to whom without payment. It is so important that only demonstrate its rationality both in theory and in legislating could make the legal system of the copyright realize its legislative purpose.Domestic and foreign researchers have reached the common understanding that to make the balance of interests is the basic idea of fair use rule, which guides the constructs and perfects of this rule. As the guide to legislation, "balance of interest" should not exit just as an ambiguous idea. People should make it more clear and rational in theory, so that they can make the corresponding system scientifically.In this dissertation, there are there chapters in which the balance of interest and the fair use rule is discussed. In Chapter one, the balance of interest is researched in jurisprudence. The concept of interest and interests contradiction as well as the necessities of making the interests to be balanced by national law are expounded. Standards and mechanism of rights and obligations with which to balance interests are also described. In Chapter two, there are some analyses on the fair use rule with a view of balance of interest. The definition of fair use is discussed, followed by the explaining that the division of interests is relative and the content of different kind of interests are coincident. Interests as direct objects of the fair use rule and the core of them as well as the standards of balance of interest are demonstrated. In Chapter three,some comments are made on the existing fair use rule in China's copyright law. According to the theory of balance of interest there are many deficiencies in the exiting fair use rule in Copyright Law of China. Some suggestions are made to upgrade the fair use rule from the contents of system and corresponding procedure as well.