| The so-called "copyright exception" means that the law allows others to use works freely without obtaining the consent of the rightholder under certain conditions.In various international treaties and in the legislation of various countries,copyright exception is also named as "fair use of copyright" or "restrictions on copyright".The European Union issued the " DIRECTIVE 2001/29/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society " on May 21,2001,also known as the "Old Copyright Directive",which aims to establish a unified copyright framework in EU.However,in the rapid development of the digital age,the provisions of the old copyright directive can no longer meet the needs of European Union.On May 17,2019,the European Union issued the " DIRECTIVE(EU)2019/790 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC",which is also known as the "new copyright directive".In addition to the introduction and conclusion,this article is divided into five parts:Part Ⅰ: Overview of Copyright Exceptions.This part first introduces the history of the creation of copyright exceptions,and then analyzes the definition of copyright exceptions from the perspective of constitutive elements.It also analyzes the legal value and the value system model adopted by copyright exceptions,and the core concepts of copyright exceptions to elaborate the jurisprudential background of copyright exceptions.Part Ⅱ: Legislative evolution of the EU copyright directives.This part discusses the legislative background of the old and new copyright directives respectively,and analyzes the two copyright directives from the aspects of the legislative purpose,value orientation,reality or policy background,and meaning behind the two copyright directives.Part Ⅲ: Copyright Exceptions in the EU copyright directives.From the perspective of text,this part enumerates the provisions of copyright exceptions in the old copyright directive and the new copyright directive,and expounds the copyright exceptions in the two copyright directives one by one.Part Ⅳ: A longitudinal comparative study of the EU copyright directives.This part analyzes the old copyright directive and the new copyright directive from the aspects of the legal effect,the characteristics,the progress and the common defects of the two copyright directives.Part Ⅴ: A horizontal comparative study of copyright exceptions of EU.This part summarizes the common points of copyright exception legislation and future development trends through studying the Berne Convention,WCT and WPPT,TPP and CPTPP and comparing them with EU copyright directives.Part Ⅵ: Evaluation and suggestions on copyright exception legislation in China.This part firstly analyzes the current status of copyright exception regulations in China’s domestic legislation,and secondly draws on the excellent experience of the European Union to make relevant suggestions for China’s copyright exception legislation. |
