The Study Of Criterion Of Fair Use Of Copyright Law In Our Country

Because of the presence and prosperity of the typesetting printing technology,there aremore and more people hope forming the law system of copyright, and then copyright appearreacting to the needs of the times. There is much dispute continued for hundreds of years withthe copyright come into being as a system innovation. These disputes mainly involved theadvantages and disadvantages of the copyright. Along with the progress of thesociety, copyright gradually is not control the freedom of speech, but promotes scientificdevelopment and cultural prosperity, and then the copyright completely become the goals andobjectives of copyright. As a part of the system of the copyright law, fair use is generallyaccepted by the various countries, but from the date it was created. However, whether inthe copyright practice or in the theoretical study, fair use still exist a lot of controversy whichis not interrupt. The system of the fair use can realize rights for copyright owner, user andother related people and guarantee to balance between them when the parties to exercisetheir rights. The law set rights and obligations. Fair use can be said to limit the rightof copyright owner, when they exercising their right, and fair use is the greatest and the mostextensive restrictions in the whole system of copyright. So how to set some reasonable andeffective restriction for copyright owner under different condition, that means how to setjudgment standard under different condition, has already become the constant subject for thelaw scholars.The summary article makes that the fair use is use other protected works by properpurpose in a fair range. And it does not need to obtain the copyright owner recognized, andalso does not need to pay the compensation behavior. The article expresses new ideas withgraphic according to the restrictions on rights and rights of users; and the article emphasizesthe great significance of the fair use to guarantee the freedom of speech and the balance of thesocial function. After describing the fair use of domestic and foreign related provisions, thearticle points out that the fair use is people which properly and fairly use others workaccording to the nature and function of the works, and following the cultural dissemination ofknowledge of order. This is the general and basic judgment standard of the fair use. With thedevelopment of science and technology, and with the progress of the society, the law isalways lagging behind relatively new things. So there always are some defects if we judgeanything with the simple use of general criterion of fair use. Because that, after introducingthe general criterion of fair use, the article makes expanding research for three kindsof special situations, including the fair use under the network environment, the rights ofbroadcasting organization and the fair use of parody.