A Study Of The Judgemental Criteria For Fair Use Of Copyright Law

Since the date of the birth of copyright law,the dispute between the copyright owner,the communicator,and the user of the work has never been interrupted.In order to harmonize the conflicts of interest among the three and realize the dynamic balance between copyright protection and knowledge dissemination,the system of fair use of copyright came into being.Fair use refers to the legal behavior of using copyrighted works of others based on legitimate purposes without the consent of the copyright owner under the conditions stipulated by the law,and without paying compensation to them.Fair use has become a basic system in the field of copyright in its hundreds of years of history,and it has been universally recognized by modern national copyright legislation and international copyright conventions.The core of the system of fair use of copyright is its judgemental criteria and many scholars consider this issue to be one of the most difficult problems in theoretical research and judicial practice in the field of copyright.The technological revolution is not only a propeller for economic development,but also a catalyst for legal change.While it brings tremendous changes to all aspects of social life,it also poses unprecedented challenges to existing laws and management orders.In particular,with the emergence and application of digital network technologies,people's access to and dissemination of information has undergone earth-shaking changes,which to a certain extent have broken the balance of interests among the three main interests of copyright law,and the fair use of the copyright law is therefore experiencing the most significant impact in its history of development.Under the digital network environment,how to improve and perfect these standards so that the balance of interests that has been broken can be restored is the core issue that we should focus on and my article is elaborated around this very point.This paper is divided into four parts as a whole.First,the paper discusses several basic theoretical issues concerning the fair use of copyright.Secondly,the article focuses on the practical difficulties faced by the judgmental criteria for fair use under the new copyright environment.This chapter first analyzes the impact of the various revolutions of information technology on the copyright system,and then emphasizes on the digital network technology,which has been the most significant advancement in the process.Thirdly,the article examines the provisions on the fair use of copyright intypical countries and international conventions,and summarizes what China can learn from.Finally,the article discusses the ways to improve and perfect the judgemental criteria for fair use from the aspects of guiding ideology,legislative model,and specific provisions.