The Legal Application Of The "Appropriate Qyotation" Clause In Copyright Law

Quotation,as a frequently used expression in creative works,plays an important role in promoting the creation and prosperity of literature and art.appropriate quotation is an accepted act of use of works in all countries,which has the function of balancing the interests of successive creators and best reflects the essential requirements of the copyright restriction system,and has a special status in the copyright restriction.Even so,the academic community has not paid enough attention to the special nature of appropriate quotation,which is still limited to the level of the basic meaning stipulated in the law.At the same time,with the development of technology,the use of works has become increasingly diversified,and coupled with the ambiguity of the appropriate quotation clause itself,different criteria and considerations have emerged in judicial practice,resulting in a more confusing situation in judicial application.Therefore,it is necessary to conduct an in-depth study of appropriate quotation,make targeted recommendations on the problems that exist in the current application of the law,improve the rules and unify the standards,so that the appropriate quotation clause can play a better role in the application process.This article firstly clarifies the meaning of appropriate quotation,traces its origin and evolution,studies its justification basis,clarifies the relationship between appropriate quotation and the copyright restriction system,and provides a preliminary overview of appropriate quotation.In addition,the current confusion in the application of the clause and the different criteria and factors for consideration of the appropriate quotation clause in judicial practice are listed;finally,suggestions are made to address the current problems,to clarify the idea of the application of the proper citation clause,and to demonstrate the priority of the "three-step test" in determining the "proper citation" according to the existing laws and regulations.In the light of the existing laws and regulations,we will argue for the priority of the "three-step test" in determining "proper citation" and summarize five more reasonable factors for consideration based on current judicial cases,so as to comprehensively grasp the application of the proper quotation clause from the macro and micro levels.