Case Studies Of Fair Use In Video Works

In recent years, the aggressively expanding of copyright of video works leads to copyright risks intensified, cases of video works alleged infringement by using other copyrighted materials have been emerging repeatedly and endlessly. And the irrational of our country laws increase the difficulty in judicial practice, so that, to clarify the problem and perfect laws is particularly important.This paper starts from related cases about two independent forms of copyright works often cited in film and TV works, to sduty the fair use problem in video works. The first form is use of musical works. Two chosen cases were both happened in2004, and the final judgments were both made by Beijing Higher People’s Court. There was a great change in infringement standard between the two judgments even a four month time difference, it is from only in accordance with time length to substantive use. The second one is use of art works,which divide into extraventricular public art works and general art works according to the rules and regulations of China. Extraventricular public art works have the character of publicity and dependence so that they are especially regulated by law. Its protection extent should be lower than that of general art works. However, the use of extraventricular public art works should not be unrestricted,a grotesque distortion of art and damaging the interests of copyright owner should be regarded as infringement, which will be illuminated by two typical American cases in this paper. As to the use of general art works, thematic complete or substantial similar use should be considered as infringement, it will be discussed and analysed with two cases, these are Yu Yaozhong V. Beijign Chengxiang Picture Co.,and Ye Xiong V. Seven Wolf Co.At last, on the basis of concluding and summarizing of typical cases, this paper puts forward that the legislation of fair use in China should be added a general article, and to enumerate idiographic emblematical circs as instance including fair use in video works.