A Study Of Fair Use Of Works Of Fine Art

Intellectual property protection continues to be reinforced in recent years,which raises copyright owner's conception of the rights protection,the fair use in the existing excellent fruits and the protection of the rights of the intellectual property become a very important issue of the epoch.Faced with numerous copyright infringement cases,justice practice faces grand challenges with a high rate of the case of works reasonable use.So the relevant regulations in copyright law should be perfected relatively.The move would have major implications,on one hand,making society develop validly and steadily under circumstance of a rapid development of modern society and raising cultural innovation so as to implement a real powerful cultural country;on the other hand,making legal provision and judicatory practice coordinated and develop steadily avoiding indetermination of judicial practice which cause the phenomenon that same law case has different judgment,which badly damage judiciary authority.The intellectual property laws in our country stipulate rational use system by sample mode which list 12 kinds of concrete situations which can't meet demand along with the development of society and economy.In other words,the method that referencing foreign precedent in judicial practice in our country is very different from legal rules which threaten the authority of law,therefore,it's an urgent demand that seek for a reasonable recognized standard.This thesis concentrates on the in-depth analysis and recognition of the fair use of the fine art works,which analyzes domestic recognized standard and learn from overseas according to recent typical cases so as to summarize the defects of China's legal rules and practice of intellectual property laws and explore the identification standard of rational use which suits the national conditions of our country.Firstly,this thesis introduces a new-type case in order to show the importance of identification of fair use in the inquisition of the case.Secondly,this thesis researches and summarizes each recognized standard by means of combining legal rules with law cases in order to find out the defects based on the fundamental realities of the country and legislative status.Thirdly,this thesis studies domestic and foreign identification criteria so as to conclude reference significance.At last,this thesis extract a perfect suggestion of recognized standard of works of fine art that is fit for our country based on the above roots,investigation and study.