Research On The Constitutional Issue Of Freedom Of Expression And Fair Use System In Copyright Law

Freedom of expression is closely integrated with copyright law. The connection between freedom of expression and copyright law is embodied in the publication right which is the basis right of copyright, the exclusion area of copyright, and fair use system. Freedom of expression is a kind of basic human right provided by constitution law, while copyright is a kind of exclusive monopoly right. It is possible that the act to exercise freedom of expression is contradict with the monopoly right of copyright, because the expression and communication of information is the foundation of freedom of expression. To maintain the balance between freedom of expression and copyright, legislators in most countries designed the limitation of copyright, among which fair use system is the most important. Thus, one can copy the work protected by copyright law without obtaining the consent from the copyright owner, or giving remuneration to the copyright owner. However, just like a coin with two sides, it is controversial to testify which side is prior when it comes to the freedom of expression and copyright, and the discussion of the limitation of fair use.This thesis presents a deep discussion on the constitutional issue of freedom of expression and copyright, and the debate of the rights and interests between freedom of expression and copyright, based on relevant theories and case study. This paper argues that, fair use system, a guaranty for freedom of expression in copyright law, which is embodied with important constitutional meaning, is a limitation of copyright. However, the limitation per se shall be limited. Though it is a kind of constitutional right, freedom of expression per se is of internal limitation and external limitation. The scope of fair use should not be expanded in accordance with the stipulation of law. In conclusion, it is important to establish the primary status of freedom of expression in constitution law. Nevertheless, when it comes to specific case, we should carry out specific analysis according to different fact in accordance with the legislation aim of copyright, thus maintain the balance of copyright and freedom of expression.