A Study On The System Of Rational Use Of Art Works In Public Places

Since the end of 1990 s,with Chinese economy and culture developed rapidly,public art has been developing day by day.Art works in public places have gradually come into the attention of public,and the ways of using such works have become more and more diverse.At the same time,with the revision of the Copyright Law in 2020,the "reasonable use of art works in outdoor public places" will be expanded to "reasonable use of art works in public places",which will further expand the scope of objects that can be reasonably used.In addition,in the general provisions of fair use system,the Copyright Law of 2020 introduced the "threestep test method" of Berne Convention,which provides a strong judgment basis for cases related to fair use in public places in judicial practice,and even cases related to the whole fair use system.The amendment of the corresponding provisions of the Copyright Law and the expansion of the objects and scope of fair use may lead to a series of judicial problems.Furthermore,there have been controversies in the theoretical and practical circles about the objects of fair use of works of art in public places and the criteria for determining them.In this paper,the public art fair use system as the basis,using literature analysis,comparative analysis and case study method,works of art in public places,the reasonable use system on the basis of theoretical research,to explore its legislation judicial status quo,combined with field inside and outside the judicial practice,try to perfect public art fair use system in China.First of all,theoretically explain the fair use system of art works in public places,clarify what is a work of art in public places in combination with relevant legal regulations and academic viewpoints,and explain the connotation,principles and values of the fair use system,and on this basis,further define the use of art works in public places.The connotation of fair use,explore the necessity of restricting the copyright of such works,and clarify the difference between fair use and other types of works.Secondly,the current situation of the legislation of our country and explore the typical cases in judicial practice,sum up the works of art in public places is reasonable use of the existing problems,the problem mainly includes the legislation on public art fair use system is the premise not clear problem,judicial fair use and tort using fuzzy problems,and analyze the existing problems.Thirdly,it makes a comparative study of relevant legal provisions and judicial cases of typical countries and regions outside the region,and combines international favorable theories to extract the essence and discard the dregs,so as to draw experience and get enlightenment.Finally,based on the above analysis,establishing the system of benefit balance for rational use in public places,the general guiding principle,and under the guidance of the principle to improve the system,perfect the remains from two aspects of legislation and judicial,legislative clear public art object and range,reasonable use of public works of art on the judicial fair use specific standards.