Legal And Economic Analysis Of "fair Use" Issues

The rights stipulated in the copyright law protect the copyright owner on the basis of their exclusivity.In the legislative practice,however,considering the encourage creative and important value orientation of freedom of expression,the copyright law stipulated a series of exclusive exceptions to that rule to limit the copyright holder of the original works,and protection on the basis of the original works and creation of new works of the copyright owner of the copyright,such as the most widely used "fair use" rules.However,when the "three-step test method" is applied to the case analysis,the latter two steps in the "three-step test method",namely,the determination of the influence degree of the new work on the original work,need to rely on methods other than law for analysis.As a newly emerged cross discipline of law and economics,on the analysis of the problems of application of "fair use" specification,the method of "Law and Economics" plays a huge role.According to the analysis mode emphasized by "legal economics",the influence of new works on original works is divided into "threat of loss" and "actual loss" according to the situation of whether the loss occurs or not,and the influencing factors that need to be considered by case judges in each case are discussed respectively.Finally,the defects of this method and the thinking that can be carried out in the future are discussed.By analyzing the problem of "commercial secondary use of film and television works",which gradually plays a role in society based on the rapid development of the Internet,this paper makes a practical analysis on the application of "legal and economic methods" in the "fair use" norm,so as to reach a more reasonable and feasible conclusion.