The Development Of American Music Copyright Fair Use Principle In Judicial (1970-2010)

Fair use is one of the basic principles of copyright law, which mainly deal with copyright conflicts between personal interests and social public interests, the United States copyright law treats fair use as important as the copyright protection, the copyright law of the countries in the world is special. Music as protected by the copyright law of art is an essential part of our daily life, and everyone can take the initiative to get and share music, the purpose of the music is varied, such as pure appreciation, teaching, commercial use and creation, and so on, the user and the music copyright rights and interests is difficult to fight the tie of the world, the United States many judicial precedent does not provide a standard set of fair use of that model, which is related to the uncertainty of the principle itself, but as a culture so far only a few years history and is closely related to social life, the basic principle, the change of social environment adjust the details factors influence the fair use principle of legislation, judicial practice so that each individual case is different from previous, at the same time, all of the trial result explain what use is easy to be considered constitute reasonable use and the role of liability, this also causes the people as much as possible in accordance with the relevant provisions to ensure their use does not cause legal disputes. The history of modern music and the principle of fair use of the development has been quite some time overlap, both influence each other and with the era of dense color, and the United States as the world's popular music overlord and the largest exporter of music culture, the pursuit of economic interests of the private natural and protectiveness how and to promote the overall social innovation and limit the private rights of fair use principle to coexist? American music copyright legislation judicial fair use principle to sort out the problem of development has positive significance.Congress and the courts for nearly forty years rich fair use of the principle of judicial practice, which has a large influence on music works legislation such as AHRA bill and DMCA, justice is the most famous case in Campbell v o kraft- Ross. In this paper, through the fair use of the principle of general concepts and basic problems as the breakthrough point, analysis of fair use principle and the relations between the United States music industry and the significance of the latter, to between 1970 and 2010, the United States about music copyright legislation judicial practice activities, show the principle of fair use of the individuals and to explore the reasons behind the changes in characteristics, summed up the principle of reasonable use for the new way of music creation and music dissemination way and form a certain regularity, finally put forward the principle of fairl use of the music industry in the United States will continue to exist and influence the course of the music market. Specifically, this paper mainly includes four parts:The opening for the introduction, this chapter mainly explain the selected topic origin and the research significance, the domestic and foreign research on this topic research present situation, methods and materials is introduced, the research premise.The first chapter is about the basic issues of fair use principle and the basic concepts, including the principle of fair use of historical origin and early development, specific provisions in the United States copyright law, the principle of fair use of existing several main point introduction, introduction to American music, the principle of fair use of music industry's relationship with the United States.The second chapter to the fifth chapter is mainly to the United States since the fair use principle into a culture by 2010, a total of forty years judicial practice. This part mainly introduces the parody music works, sampling and its derived a series of technology created works of music, movies, music, AD campaign songs and commercial songs, sharing music works of network sharing software and web sites, teaching the use of music works as the object of dispute judicial cases and AHRA bill and DMCA, through combing found U.S. courts in dealing with different types of music works fair use cases on the four elements of decision criteria to consider the sequence will be different, this is decided by the characteristic music works, and by the end of the twentieth century at the beginning of the 21 st century will change in the way of propagation because music adjustments to determine activity.Sixth chapter summarizes the basic tendency of the development of the fair use principle and the main influence factors and basic rules, and the development of the principle of reality, and make prospect for the future development direction of fair use principle.