The Expansion Of Copyright Fair Use System In Judicial Adjudication

As an important system tool in copyright law,fair use of copyright can well balance the conflict of interests and coordinate the harmonious relationship between copyright owners and the public.With the dynamic development of social life,and deep influence of values and economic factors,the copyright industry is changing with each passing day.China’s present copyright fair use system has been unable to meet the needs of reality,and there existing more expansion of the case in the judicial adjudication.In-depth researching based on the typical cases not conventionally but expansively apply the system,combining factors of changing needs,judicial practice,and modification in legislative provisions,further reflection on the legal problems of copyright fair use system in China is still.Thus put forward to feasible suggestions to regulate this specification expansion phenomenon and to make fair use system perfect.This paper mainly studies from the following five parts:The first part is to study the current situation of the expansion of copyright fair use system injudicial adjudication.Through a comprehensive review of the cases applicable to expansion,different types and typical reasonable use cases generated by expansion are obtained.Expansion is reflected in three aspects,namely,the object of use,the purpose of use and the mode of use.Moreover,expansion is characterized by a tendency to solve cases by principles,consideration of non-statutory factors and reference to the rules of transformational usage.The second part is the research on the influence of the expansion of copyright fair use system in judicial adjudication.The positive effects are:it enriches the judgment of rational use,improves the system of rational use and provides solutions to the rational use of works in new fields.The negative effects are:the conflict between public interest and private interest is more prominent,and the application of the system is ambiguous and inconsistent.The third part is the research on the legitimacy of the system of fair use of copyright Based on the comprehensive analysis of the judgment reasoning and trial results of relevant cases,the existing legislation of reasonable use system has defects and cannot meet the needs of reality.The concept of limited power,balance of interests and social effectiveness provides its rationality.The application of legal interpretation method and the expansion of applicable material basis make it feasibleThe fourth part is the suggestion of regulating the expansion of copyright fair use system At the macro level,the application of the three-step test method can provide the guiding ideology.At the micro level,we can start from three aspects:specialization of the object,clarification of the purpose of use and typology of the mode of useThe fifth part is the analysis of legislative revision and puts forward suggestions of the fair use of copyright system based on the overall research.Combining with the analysis of the current revision status of copyright law:to reflect the expansion experience,show the progress and deficiency,and based on the above four parts content,giving suggestions of specific types of the system should be updated,to clear purpose,to increase factor criterion and transformation rules of usage in the future revision.