On The Copyright Fair Use Judgement Standard

Fair use is the key content copyright restrictions, it plays a role in adjusting and balancing between the interests of copyright holders and the public, is copyright practice and theory research topic of controversy, and the criterion of fair use in the controversial topics in the teethof the storm. With the development of science and technology make a spurt of progress and network technology updates, some reasonable use is no longer has the rationality, even a seriousthreat to the rights of the copyright owner. In today’s society, the network is not only is a tool,a greater extent represents the people advocating, way of life. Everything has two sides, the network technology in lead happy life style at the same time, also forced the rational use of traditional criteria into a dilemma, on the one hand to the copyright protection of the rights of people of all countries in the world gradually upgrade, the copyright presents the expansion trend; the other party faces when replication, digital library, network classroom new uses continue toemerge, put forward new and higher requirements for the rational use of the judgment standard. In order to get out of this predicament, the United States, the European Union, China and other regions have to respond, to supplement and improve the relevant legal provisions, such asWCT and WPPT have been introduced, the United States of America "Digital Millennium Co pyright Law" and the "harmonious information society on copyright and related rights instruction" promulgated and implemented, China’s "copyright law" changes as well as the "Information Network Transmission Right Protection Ordinance" promulgated, reflects and to deal withthe challenge to. But the law with respect to the newly emerging things vary from minute to minute, is always lagging behind, protection, the copyright for the rational use of the scientific definition of the inevitable omissions and deficiencies. Based on this, this paper focus on the rational use of problems, through comparative analysis, value analysis and other methods, combined with the representation of the judgment, for the rational use of our existing judgment forthe thinking of standard. The thesis is divided into five parts, the first part briefly introduces the status of research purpose, significance and the domestic and foreign research situation; second part introduces the fair use of copyright, and the rational use of the concept, characteristics, principles, historical evolution and existing relevant theoretical basis for analysis; third part systematically judgment standard all the countries in the world, alliance, on the rational useof the relevant area, in the basis of comparative analysis, put forward personal understandingabout how to determine the standard of the rational use; the fourth part uses the method of empirical analysis and theoretical analysis, to our country copyright fair use judgment standard which exist many defects on listing and brief analysis, and the situation on the outside our count ry fair use provisions were introduced; the fifth part of judicial practice and legislative technology research based on the existing problems, combined with China’s relevant aspects, proposed consummates our country about the judging standard of fair use, institutional arrangementshighlighted rational use of suitable conditions, a clear overall judgment principle, applicationconditions; for legislation adjustment, is proposed to remove unreasonable. The relevant provisions, increase the need to adapt to the development, can promote social science terms. Strengthen the protection of the copyright owner, both parties in the legal relationship of interests, copyright is the intention of the legislation, how to better protect the copyright owner, how to better balance the interests of all parties, not open around the reasonable use, according to the criteria of fair use as the subject to study, and their based on the enlightenment thoughts and puts forward some opinions, in order to promote the copyright law will benefit.