Study On Fair Use Of Copyrighted Music Works

As a type of copyright objects, music works show some features including complexity ofits elements, specificity of the way to perceive, breadth of its user, and diversity of its use.Protection of copyright of music works is being paid more and more attention to, and theprotection scope (including its subjects, objects, types of right and duration, ect.) is becomingwider and wider. However, the fair use of them is being strictly limited in legislation andjustice. Nowadays, new technologies have brought many new uses of music works. Whetherfair use applies to these new uses remains unsettled. The three-step test and the factorbalancing test shall be combined when measuring fair use. Some famous cases and therelevant legislation in some countries such as Great Britain, USA and Japan show that fair useis exactly not a defense which can be easily agreed. As of uses such as sharing music throughinternet, remaking, revision, citation in other works, the three-step test and the factorbalancing test shall be used to decide whether fair use applies. Especially, the purpose of theuse, the nature of the copyrighted works, amount and substantiality of the portion used inrelation to the copyrighted work as a whole, the effect on the copyrighted works and itsauthor or composer shall be considered. As improvement of our system, the possibility ofaddition of new fair use shall be ensured in legislation, and systematicness shall beconsidered so as to avoid the contradictory between acts or any leak. Meanwhile, clearerrequirements shall be introduced in the law. Furthermore, regulation and system for copyrightmanagement, especially for the copyright collective management, must be improved. Systemfor education and guidance of copyright and fair use also needs to be strengthened so as toenable the public to use music works more lawfully within a fair scope.