Fair Use Of The Copyright

Fair use of the copyright means:"In certain circumstances, users and communicators canuse the copyrighted works of others, prior consent of the copyright holder does not have to agree,and afterwards there is no need to pay a compensation of legal action." Fair use system thelegislation aims to pursue the overall interests and values of society, is the subject of an entirecommunity of interest between the relevant balance.Now, in order to better highlight the legislative purpose of fair use, but also to give a moredefinitive and judicial practice guidelines jurists around the world are trying to study a moresuitable and more workable criteria. Especially the rapid development in recent years, political,economic and cultural changes in these new developments and the rational use of the system aretremendous impact, so in the face of a new era and a new situation, the rational use shouldadvance with the times, in order to better play its legal effect.Our system of fair use provisions are enumerated take to the provisions of twelve covers thecase of fair use. Such a legislative model is too stiff, the scope is too occlusion. With the era ofeconomic development and change, fair use provisions of copyright law on the shortcomings ofthe system is gradually revealed. Therefore, we should re-examine the copyright fair use system,resupply and specific criteria for judging the reasonableness of the law. And to change oursystem of legislation on the rational use patterns, existing enumerated legislative model tosummarize the coexistence formula and enumerated legislative mode, in order to better apply tojudicial practice.This article first describes the historical development of rational use, definition, constituteelements of the system as well as the rational use of the nature of the system. Then introducecriteria and criteria of rationality meaning of fair use. Another representative in the United Statesand Germany legislative requirements and relevant international treaties on the rational use ofsystem requirements regarding fair use system, while critical analysis of the above provisions byintroducing and then detail our current copyright law regarding fair use system regulations,citing the relevant case illustrates the contents of the current copyright law on the rational use ofthe existing system deficiencies and defects. Finally, to improve the views of copyright law.