On The Fair Use System Of Copyright

Copyright system is based on the fair use of the copyright holder of legal means to impose certain restrictions, to make contact with the public, the purpose of the use of works in order to balance between creators, disseminators and users of the relationship between the interests of, and ultimately to promote the community as a whole culture of continuous improvement. Copyright law in the modern countries, the fair use of the system has been widely used as a necessary limitation on the copyright. 2001, China's newly revised "Copyright Law" is still the traditional approach and adopt the ways listed on the fair use of the system provides for a total of 12 kinds of ways by the provisions of fair use.Judgments on the fair use of the international community more systematic method of "three-step test" and the United States Copyright Act, "the four standards." "Three-step test" mainly include the following: the fair use only in certain exceptional circumstances, should be a non-profit community development needs and had to use; fair use of the work shall not conflict with normal exploitation. Shall be without prejudice to the legitimate rights and interests of the copyright holder, the above-mentioned three are indispensable, otherwise can not be called fair use. U.S. copyright law "four standards" to judge from the following areas: the use of the purpose and nature of the nature of copyright works, the extent of use of the work on the impact of works to be used. "Three-step test" and the United States Copyright Act "four standards" on the one hand, to protect the rights of the copyright holder, on the other hand, affirmed the special circumstances in some reasonable people to enjoy the use of other people to enjoy the fair use of copyright works, copyright affirmed the rationality of the fair use and is conducive to social development and protection of the rights of the copyright holder of the balance, not only for the legitimate use of the legislative model provides a theoretical basis for the fair use of the system of the countries on the criteria of fair use provided by reference to specific standards, with the theory and practice of guiding significance.The copyright system on the fair use of the legislative model, can be summarized into the following three categories: "the specific provisions of" model "provisions of the abstract" model and "the abstract provisions of the specific provisions of +" mode. The first model, not in the legislation the concept of fair use of, or elements of the criteria of the provisions of general terms and conditions, can constitute a reasonable list only the specific circumstances of use; second model legislation on fair use of the concept of elements or determine the standards to be provided for the general terms and does not constitute a reason listed in the specific circumstances of use; the third model in the legislation of both the fair use to be provided for the general terms and a reasonable list of the specific circumstances of use.The legal value of the copyright system is to establish the rights and interests of the author's copyright law in the relations of the status of the primary and the core in order to achieve legal protection and promotion of cultural exchanges between the author's social function. However, the modern sense of the copyright system does not rigidly adhere to the kind of absolute individual-based, but in trying to find creative works, works and works redisseminators conflict between users, in the protection of rights of authors to maintain up three basis a balance of interests. Fair use of the system in this process has played a very important role.China's "Copyright Law" specifies a reasonable use can be 12 kinds of cases, the provisions of the clause is "specific provisions" of the typical pattern of performance. Despite the "Regulations for the Implementation of the Copyright Law," Article 21 provides that in accordance with the "Copyright Law" the relevant provisions can be used without permission of the copyright work has been published, and shall not affect the normal use of the work, nor unreasonably prejudice the copyright people's legitimate rights and interests, but not the fair use of which provides the general terms, it is only the "copyright law" under article 22 of the fair use of the specific circumstances of the conditions to be followed further limited. This did not limit the expansion of "Copyright Law" stipulated in the scope of fair use, it has not changed the system of fair use of the characteristics of the specific provisions, in fact, not "abstract prescriptive" model legislation to improve the legal system of copyright in response to the function of society, it is difficult to to adapt to the rapid development of society, it is difficult to respond to digitalization and networking trends.Comparison of the current hot issue is "personal appreciation" and "cited with appropriate irony to imitate." Personal appreciation for their own purposes, without permission of the copyright holder to enjoy from the network to download copyrighted music, movies and other works, whether the issue of fair use should be further explored. China's "Copyright Law" states: for personal study, research or appreciation of, the use of their works, it can be fair use. Therefore, from the literal meaning, the purpose for the individual to enjoy the download, should be fair use. However, the "three-step test" point of view, such a conclusion is difficult to set up a digital format as a result of the spread of online music and film quality is very close to the original, a large number of users without permission, through the network to download the music and film entries, will not go to buy genuine works, and lead to the economic interests of the copyright holder suffered a loss. It is for this reason that developed countries will generally not be "carried out for individuals to appreciate a copy of" inclusion "of the rights of limitations and exceptions", but does not recognize the large number of downloads can constitute fair use. China's "Regulations on the Protection of network communication of information" section 6 of the network environment does not provide the "personal use" provisions of "fair use." To sum up, the download for the individual acts it is difficult to appreciate constitute fair use. For the introduction of a work or comment on an issue that, in the works of others cited in the appropriate work has been published, including the provision of information networks through the works of others cited in the appropriate work has been published, is the fair use of such comments or academic works . Because, in the works of others to comment or verification point of view, the problem, we often need to work on the others cited specific statements, and sometimes need to invoke the full text. At this point will, of course, copy the behavior occurred. Appropriate means should be quoted in their own creative process in a reasonable length of reference fragments of the works, and does not allow wholly or mainly to the work of others instead of their own creativity. Therefore, the content of the work of others to be spliced, not fair use. "Invoke" the aim should be limited to "presentations, comments or explain", rather than simply to show to the readers of the works cited in itself, lead to new and old works in the market."Satirical imitation" refers to the original itself to satire or criticism, to take advantage of the transformation of the original after copying the contents to reflect the relative legislation and the original point of view, position or emotion, so as to achieve other forms of literary and artistic works can not be achieved unique results - so that the contents of the original as a satire, a critical tool for the original itself. "Satirical imitation" does not direct the original text of the judge. However, the "ironic imitation," the purpose and ultimate effect is the same as with the general comments are by invoking the original, so that the public works of the new feel of the original author's attitude and perspective. Only "imitate satire" is a negative performance evaluation of the original, and is based on creative content to imitate the original way. Imitate those who through the re-creation, was quoted as part of the use of works in the new transformation has become both a tool for satire and criticism. Therefore, the general theory of foreign copyright law to recognize the "satirical imitation" and was being ironic imitation of the original term, may constitute a special form of comment. To amend copyright law in China, it is necessary to determine the criteria for the fair use of the introduction of a general and reasonable use of the combination of the enumerated legislative style, and the existing use of timely and reasonable adjustments to a more scientific, more comprehensive and reasonable to build a copyright use system. China should be in the "Copyright Law" in the fair use of the provisions of the General Conditions, the future of "Copyright Law" should be taken of the reasonable use "provisions of the abstract" model legislation. As follows: the development of the fair use of the general terms of the application of the use of clear and reasonable conditions, the relevant provisions of the reform and refinement.