The Research On "Rationality" Of Judgment Standard In Copyright Fair Use System

Fair use system is one of the important basic system in the copyright law. Since the fair use is at the junction of the right and restrictions, it becomes the main system to balance the interests of copyright law, to coordinate and keep the balance of the interests between public and private.Criteria of fair use is the core of fair use copyright system.Our current copyright law takes a closed list for fair use. With the development of economy and the universal application of network technology, the exclusive rights of copyright holders is expanded at presents. Between the interests of different stakeholders will be reallocated. Based on the new copyright issues and to better adapt to the current copyright environment, now the third revision of copyright law is ongoing. At present, the fair use of our copyright law has been a lot of problems in judicial practice, so we need improve the content of the fair use.This also makes it be an important position in the Copyright Act revised.This paper is divided into five parts, the first part is about the copyright fair use system overview; the second part is about the judgment standard of fait use,describes main legislative models and four factors of judgment standard; the third part is about the defects of our legislative, the main content is that the defects in our current legislation and new copyright environment are impacting on the fair use; the fourth part is about the fair use provisions of international treatos and copyright laws from other countries; the fifth part is how to perfect our national system in the copyright fair use.