Study On The Fair Use Of CAD Files' Copyright In 3D Printing

As a new technology, 3D printing has attracted more and more interest of people. The development of digital technology usually causes new products with new forms, which brings more challenges to copyright system. Failure to distinguish fair use from infringement will break the balance of benefit pattern and lead to chaos in market. The fair use of CAD files in 3D printing is a good example to illustrate this phenomenon. Unpredictability of technical innovation and relative stability of law lead to the response delay of law to the problem of copyright as result of new technology. Some copyright problems could be solved until some new products, like VCR, MP3 file and P2 P file, were introduced for many years. Our researches on copyright problem of 3D printing are not profound enough to deal with fair use problems of this technology properly. CAD file is the key and precondition of 3D printing, so it is completely necessary to make deeper research on the fair use problem. Based on the research findings at home and some creative exploration abroad, especially professor Edward Lee, who proposed technological fair use standard with profound significance practically and theoretically, this paper tries to propose some advice to deal with copyright problem in 3D printing, hoping to provide suggestions on the improvement of copyrights and fair use system in our country.This paper includes three modules- introduction, body part, which is composed of four parts, and conclusion.In chapter one, it mainly discusses the challenges brought by 3D printing and CAD files. Firstly, it introduces the relationship between 3D printing and copyright, then makes research on the copyrightablity of CAD files. Through the discussion in this part, the readers will have general understanding of 3D printing and CAD files and realize the great challenges it brings to present copyright system.In chapter two, it mainly states the rules used in fair use system of copyright. This part fully introduces the existing rules of fair use, including ‘three-step test', ‘classical four elements' in US fair use system and regulations on fair use in Copyright Law and Implementing Regulations of the Copyright Law of China. Based on the analysis above, this part questions the application of fair use system to CAD files in 3D printing and points out the failure of existing copyright system to solve 3D printing problems and the necessity to improve the identification standard of fair use.In chapter three, it is mainly about the application of ‘four elements' of fair use to 3D printing, including the empirical research of Doctor Beebe and Professor Edward Lee's standard of technological fair use. Then it is pointed out that Edward Lee's standard focus more on the public benefit and public benefit should be given more attention especially in 3D printing.In chapter four, based on the present research findings in fair use field and imperfection of existing rules, legislation design on fair use system of CAD files is proposed, including introduction of copyright compensation system, refinement of ‘three-step test' and establishment of technological fair use standard of CAD files.