Fair Use Of Works

China Pictorial Publishing House publishes a book named The Tour of Yangjiabu New Year pictures. It cites more than fifity works of Yangluoshu. Yangluoshu sues China Pictorial Publishing House for the cessation of the infringement and compensation for the loss. China Pictorial Publishing House says it is fair use of the works. It is a kind of legal action. The two sides generate controversy.Their disputes focus on The Tour of Yangjiabu New Year pictures is or not fair use of Yangluoshu’s works.Fair use is a very important system in the copyright law. It serves the balance of the interest between the author and the public.It reflects the legal principle of fairness and justice. It embodies the legal rationality and public welfare. Many countries and international treaties take it seriously. There are a lot of clear rules and theories, such as the four judgement standards of the United States, the method of three step test of Berne Convention and so on. Our country lags behind them. We only provides for the definition of fair use and some enumerated provisions. We lack of a clear judgement standard. This paper will describe the basic theory of fair use, analyse the defect of Chinese fair use rules and put forward the improvement suggestions on the basis of The Tour of Yangjiabu New Year pictures case.This papers is mainly divided into the following four parts.The first part is the introduction of The Tour of Yangjiabu New Year pictures case, case verdict and the focus of the controversy. Based on the brief description of the case is to introduce the fair use issue; The second part is the basic theory of fair use, including the meaning, origin, nature, existence reason and so on.And then introduce the judgement standard of fair use, such as the four judgement standards of the United States, the method of three step test of Berne Convention. The third part is to see the Tour of Yangjiabu New Year pictures case from the judgement standard of fair use and the trial evaluation.We analyse the case separately from the Chinese copyright, the four judgement standards of the United States and the method of three step test of Berne Convention. We show the author’s attitude and the brief analysis of the case verdict next.The last part is improvement suggestions,such as establishing the judgement standard of fair use,thinning fair use terms of copyright law and so on.