The Study On The Copyright Fair Use Of Wechat Works

Fair use system is not only the most important mechanism of balance in copyright system area but also is the balance beam adjust rights and obligations between the parties to the copyright stakeholders.With the production and development of Wechat media,works’ creation,spread and use become more free,convenient,quick.On the one hand, it is a confusion of the copyright owner to the use of his work, On the other hand, Wechat users have normal and reasonable needs on the use of Wechat works.Therefore,it has become a new problem between copyright owners,communicators and users on how to define the “fair use” of Wechat works.This paper mainly expand the discussion in five aspects:The first part raised questions.By the spread ways and characteristics of Wechat works,combined with definition of Wechat works and the differences between network and micro-blog works to be spread, the problem of the communication of the Wechat works to the reasonable use of the system is presented and analyze the specific reasons for these problems.The second part specific discussed the subsisting values of Wechat works’ fair use system.It has been analyzed that fair use system has its defect on using Wechat works and three aspects of influences has been generated on economics,jurisprudence and practical significance comes to a conclusion that fair use system still has subsisting meaning in Wechat works.The third part deeply investigated the relevant provisions of the domestic and foreign legislation and the international treaties about works’ fair use under the network environment analyzes the shortcomings of China’s fair use system and the reference of foreign advanced legislation.The fourth part studyed specific circumstances of fair use on Wechat works,established the “rational” standard of Wechat works.Separately analyzed the Wechat personal users and Wechat public number of the work using the behavior of one by one, to specify the behaviors of fair use.while reasonably draw “three-step test” in Berne Convention to established the“rational” standard of Wechat works eventually.The fifth part put forward my own views about how to improve fair use system inWechat works in China. At first we must expand the scope of application of the fair use of Wechat works. At the same time,we have to change the rules of legislation pattern, increase the fair use rules applicable to Wechat works.Second, I suggest from two aspects of self-discipline and supervision to strengthen the responsibility of the Wechat supervision mechanism. Finally I disscussed how to improve functions and institution of Copyright collective management organization in three aspects which refers to specification,management and supervisery mechanisms.