Research On The Fair Use Of Outdoor Art Works In Public Places

Except the introduction and summary, this article main body part, a total of four chapters, about twenty thousand words.The first chapter, is mainly the theory of rational use of extraventricular public art works, theoretical study and analysis of economics and law. Economics analysis, mainly from the perspective of economics analysis of copyright fair use system of the necessity and significance of the implementation of the right, which is combined with the economic investigation of how to improve a legal system of social benefits. According to Kos’s law, when the social exchange cost is not zero, the design of property right system is the core factor influencing the social benefits, and according to Pareto standard, the improvement of social benefits should is beneficial to both sides, a side benefit and to the other party to bring no benefit is not desirable or meaningless, Kos theorem itself is respected Pareto standard, legal analysis, analysis respectively from the Constitution and the civil law system of fair use of copyright law to implement the legal basis and foundation. Reasonable use of outdoor public works of art can be traced back to the constitutional rights of citizens, which reflects the value of law, finally embodies fairness.The second chapter is mainly to face up to the present, the rational use of extraventricular public art works legislation and judicial dispute, and finds the problem, points out the existing concept is not clear, the law is not detailed, the standard is not unified, the criterion is unscientific problems. This paper discusses the problems from the judicial practice, the judicial circle the most concentrated, the possibility for commercial purpose for using the biggest differences, supporters and opponents of Each sticks to his own view. The third chapter, mainly to undertake a chapter of the problem in-depth analysis of the problem, according to the problem, and to copy the behavior and copying, drawing, photographing, recording the discrimination and conflict behavior perspective, in-depth analysis, summed up the attitude of all parties, put forward their own point of view. Among them, the same similarity judgments, stereo and plane battle, works and general use will be the key content of this article. The fourth chapter, the main content in order to establish the judging standard of fair use, at the same time as the key to solve the problem. The legislation is unknown, judicial confusion because the outdoor works of art the judging standard of fair use is not clear but, according to the analysis on the problems, learn from foreign legislative and judicial practice, follow the national conditions of our country, the establishment of scientific judgment standard of fair use. Among them, use the degree as the main factors, the use of degree by using proportional and originality auxiliary judgment.The main contributions of this paper are three:one is the judicial dispute, the behavior properties of copying, painting, photography, video has carried on the thorough discussion, analysis of copying, painting, photography, video and replication behavior relationship, as well as by copying, painting, photography, video, have no copyright works; the two is based on copying, painting, photography, video, different patterns of behavior, one one of the focus of controversy problem; three is a combination of American legislation and domestic "trademark law","patent law", put forward three criteria for judging the rational use of extraventricular public art works.