Diachronic Analysis Of Copyright Right Limit System

According to the analysis on the history of copyright diachronically, copyright limitation system transforms from single and regulated commercial behavior to a system that both ensures rights and interests of copyright owners and balances interests of copyright-centered interest groups, and its aim gradually turns from protecting economic benefit of merchants into emphasizing both protection and balancing. In essence, what brings these developments is the fair and justice spirit in copyright system.The first chapter make a diachronical analysis on the history of copyright and copyright limitation system, in order to reveal the cornerstone of policy which contained by the history of copyright limitation mechanism.The second chapter make a comparative study on the basic rules of Berne Convention for the Protection of Literary and Artistic Works, Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations and Agreement On Trade-related Aspects of Intellectual Property Rights and a contrastive study on the current copyright restrictions mechanism legislation. Meanwhile, put the emphasis on The Fair Use System.The third chapter sort the theoretical basis of copyright restriction system from the historical perspective. Dynamic development of society inevitably lead to the change of the copyright system, which also includes copyright theory innovation, from the initial value equilibrium theory, to the theory of justice of contract, to the interests of selective theory and external theory. The change on these theories also reflects the deepening of people’s recognition for copyright restrictions system in some degree.The fourth chapter make a research on current legislation of foreign countries and a comparison on the coverage of relevant copyright restrictions system.The last two chapters mainly research on present legislation of China’s copyright restrictions system and put forward to targeted opinion on modification for existing problems, obviously, in order to realize the purpose of self-using.All in all, China’s copyright system is still in developing stage, with system loopholes, lack of ideas, legal lag and other prominent problems. Taking complexity and internal connectedness of copyright limitation system into account, through attaching importance to expounding way of using system reasonably, this paper aims at discovering and resolving problems and making readers draw inferences about other cases from one instance.