A Study On The Categorization Of The Fair Use Of Copyright

Copyright is an exclusive right granted by law to the author,the holder can exclude others from using his works without permission.However,in order to promote scientific technological progress and prosperity of cultural undertakings,the law has established the right limitation system for copyright,the fair use is one of them.In our country,the fair use is mainly embodied in article 22 of the copyright law,which lists 12 reasonable use behaviors in a way that is not fully enumerated.In recent years,the typical case of intellectual property,this kind of malpractice has appeared in the copyright law in our country,lawmakers are introduced for the article 22 "three-step test" and "other circumstances" out terms,try to ease the rigid law tensions with the diversified situation.This is a vivid embodiment of "the law is divorced from practice" in the field of copyright law,and the provisions of the bottom pocket are still not enough to ensure the justice.After all,when the judge explained "other circumstances" in his case,he had to take account of the context in which legislators had already enumerated the reasonable use cases.Therefore,the article introduced "typed thought" to the fair use for more explanatory power and the classification of the radial forced.It mainly includes fair use for individual creation,fair use of access to information,fair use for public and fair use for some special people.The practical value of this kind of typed fair use is to provide a framework for the judicial discretion in the case,and to lay the discussion space for the justice of the judge.From a legal point of view,if fair use is the limitation on the right of copyright(property),this should not limit itself absolutely.Typing is just a framework to guide of cases,the specific implementation depends on the judge's case,in order to prevent the judge is wanton,I think our country should launch of guidance in the field of fair use of case studies timely,to strengthen the side for the rational use of case for the system guarantee of justice.