Copyright Fair Use Reasonable Judgment Standard

In the copyright law field,there always exists confrontation and conflict in the process of being used rights by the copyright owners, disseminators and users. In order to balance the interests among the three parties to achieve the maximum interests of each party, the law created a system of fair use.The"fair use"is on the basis of the principle of upholding the balance of interests to limit the property rights of copyright holders reasonably .However, how to give a"reasonable restrictions"to author's rights is to related to the fair use criteria for judging the soundness of the question. Take a broad view of the world, the legal profession in various countries are struggling to find a well-established of fair use criterion in order to better guide practice activities and safeguard social fairness and justice. Especially with the economic development and social progress, the emergence of new developed technologies is not a small impact and challenges for the rational use of the system, and how to adjust and improve the criterion of reasonable use directly relates to whether the system of the rational could run effectively or not. This paper starts with describing the enactment of legislation of the representative national and regional on the"fair use criterion", and then drawing on the basis of cases of foreign legislation to propose to establish"criterion of fair use"which should be consideration of the four factors. Finally, the article discusses in depth the use of a special form of the application of fair use criterion.This article divides into three chapters to carry on the elaboration, specifically as follows:The first chapter are examples of legislation to the standard of the rational use . The article introduced the relevant legislation on"the criteria for determining fair use"of the United States, Germany, China's Taiwan region. Sum up three kinds of enactment of legislation, and they are the general type, list type and hybrid-type. And then analyzed the strengths and weaknesses of the enactment of legislation.The second chapter is the consideration factors to rational judgment standard. In this part, author draw basing on the United States in the four elements of the standard ,and proposed the four considerations to establish"criterion of fair use". Namely,"the purpose of use of the work, nature of the work to be used, the extent of use of the work and the use of the work has been the impact of the market."The integrated use of these factors makes the " criterion of fair use " have been established, and thus can better guide practice activities, maintain social fairness and justice.The third chapter is a special form used to determine the rational use of the standard. The author use the criteria for determining the rational use of a detailed to analyze whether some acts in the practice could constitute fair use, and made some proposal to improve China-related legislation.