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Research On Fair Use Of The Copyright

Posted on:2018-09-21Degree:MasterType:Thesis
Country:ChinaCandidate:L L WuFull Text:PDF
GTID:2336330515456714Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Reasonable use of copyright under the copyright law,the legitimacy of the use for the purpose of the premise,in the reasonable scope of protection of human rights without copyright permission and consent,without payment of any remuneration copyright owners can use the previous works.China's regulations on the rational use of the system is taken to the list,the twelve provisions covering the reasonable use situation.This kind of legislation is too rigid,the scope is too occlusion.Along with the development and change of the times and the economy,abuse provisions on fair use system of copyright law is gradually revealed.Parody with the rapid development of network technology,the increasingly popular,but the current lack of copyright law for the regulation of parody,parody cannot define whether belongs to the category of fair use.As a special kind of literary criticism,it is also challenging the current copyright law in our country.From the philosophical aspect of the parody,it is the right to be given the right to be creative and intellectual.The basic principle of freedom of expression is represented by the parody.The suggestion of the specific direction of the revision of copyright law in our country is to keep the existing enumeration,and the second is to add the general principle of principle.In the copyright law of our country should stipulate the concept and detailed criterion of parody works,namely the parody works must be original,use legitimacy,use quantity limitation,form easy to distinguish between sexual characteristics such as appearance.With this improvement,the parody can be used to justify the use of anti-infringement,for the red culture classics and parody works fine traditional culture must be strictly limited,this is the inevitable requirement of the actual circumstances in our country.
Keywords/Search Tags:Copyright, Reasonable use, Parody
PDF Full Text Request
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