Study On Fair Use Of Urban Sculpture

In fact, lots of cases on the infringement dispute of urban sculpturehappen around us. Theoretical field pays less attention on fair use ofurban sculpture and judges trend to copy the provisions from copyrightlaw blindly in judicial practice. Therefore, it's necessary to study on thefair use of urban sculpture for sake of balancing the interests betweensculptors and public.This essay firstly studies on the concept of urban sculpture andconcludes the special characters of urban sculpture. Then I analyze thecurrent unfair adjudications which are based on the impropercomprehension about fair use of urban sculpture. Secondly, on grounds oflocke's theory about origin of property, rousseau's theory of socialcontract and marx's labor theory of value, I try to analyze what brings oncarving up the boundary of copyright in order to know the reason onthe foundation of fair use. Then I analyze how to define the fair usefield. At last, I try to give a feasible program to figure out the definitionon fair use of urban sculpture.