The Establishment Of The Applicable Standards For The Fair Use Rules Of Copyrights

In order to encourage the creation of all,the Copyright Law gives the copyright owner the right of monopoly to control and use his works.However,our society also needs relevant knowledge and information.In order to achieve this kind of purpose,people should be allowed to use owners' works without their permission under certain conditions,and this kind of use of works(without permission of the copyright owner)don't need to pay to the copyright owner,which is so-called Fair Use.As an exception to the limited monopoly of copyright owners,Fair Use objectively defines the edge of copyright owners' rights and the corresponding market share.While safeguarding the rights and interests of copyright owners,we should establish the public sphere in which works can be used unrestrictedly in copyright law through the principle of legal and reasonable use,thus ultimately realizing the basic purpose and system function of copyright law "encouraging the creation and dissemination of works,improving the level of social knowledge and promoting social progress".The provision of fair use in China's copyright law originates from the localization of the "three-step test" in the Berne Convention.However,because the system transplantation only stays on the reference of legislative provisions,the specific connotation of how to identify the three-step test law has not been fully explained,which makes our courts in judicial practice can only hear cases on the basis of individual judges' understanding of rational use.Therefore,the present situation is that the judgment ideas are different.Some courts even directly invoke the four elements of case law to determine the rational use,which directly leads to the uncertainty and instability of the rational use in the actual identification process.At present,China's provisions on rational use are still not good enough.Chaotic sources of law,lack of flexibility in legislation and excessive right of discretion of judges still exist.Therefore,on the one hand,our country should expand the current situation that belongs to rational use but is not included in Article 22 of the Copyright Law by improving legislation,on the other hand,we should make clear and operable judgmental criteria as soon as possible to avoid confusion in the application of law.