Fair Using Of Art Works In Outdoor Public Place

Fair using institution is an important institution. The function of this institution is to balance the public interests and the author's interests, particularly for art works that set or display in outdoor public place, the institution reflects the function we mentioned. Therefore building and improving the institution so that it can be used as the equalizer between the public and the author is essential for the promotion of cultural dissemination and protection of the interests of authors.Considering the nature of such art works, because of its location and the limitation of economic sense, market awareness and means of communication when fair using institution appear. The regulatory capacity of relevant laws and regulations has been gradually weakened. So it is necessary for us to re-examine the theoretical basis of this institution and rebuild the institution.By analysis the case"Dong yong and fairy", we can find there are problems and shortcomings exiting in the institution. In response to these problems, through reviewing the value of fair using(balancing the public interests and the author's interests), this paper will put forward the necessity of fair using art works that set or display in outdoor public place, according to the nature of this art, the rights holder's will, and the alienation of such art work and its environment. After reviewing its value, this paper delimits relevant concepts in this area, such as: display, set, outdoor, public and so on. Just for making clear relevant laws and regulations. At the final part of this paper, we will describe two kinds of legislative: factor-ism and rule-ism, and understand their advantages and disadvantages of the respective cases and each comparison of the scope of application, find the conclution:factor-ism is better than rule-ism in this the area we discuss. We also need to learn from the U.S. copyright law and rebuild our fair using institution by establishing four criteria to determine whether a behavior is fair using or not. Besides, according to the specificity of art works that set or display in outdoor public place, this paper also put forward other criteria.