Study On The Extended Application Of The Fair Use Of Copyright In Trial Practice

The system of fair use of copyright is acting an essential role in the field of copyright,which not only bears the responsibility of protecting the legitimate rights and interests of copyright owners,but also has a great effect in balancing interests and promoting the prosperity and progress of copyright industry.With the promotion of a new round of scientific and technological revolution,arousing the emergence of some new forms of business and new fields,and thus giving birth to many new copyright disputes.Our country adopts the regularism mode to set up the copyright fair use system,this kind of closed legislation mode can strictly limit the behavior of using the copyright owner’s works,but there are also some drawbacks that can not deal with the dynamic social situation in time.In view of this,so as to meet the higher demand of social progress,there are more cases of expanding and applying the system of fair use of copyright in trial practice.This paper make an in-depth research of the social context,the legal source basis and the social value contained in these cases,and comprehensively explores the multi-dimensional reasons for the expansion and application of fair use system in trial practice from the level of the transformation of social situation,the realistic demand of judicial trial and the present legal provisions of our country.On this foundation,this paper discusses the suggestions of standardizing the extension and application of copyright fair use system in judicial practice.This paper mainly carries out research from the following four parts:The first part is the analysis of the basic theory of the system of fair use of copyright.Firstly,the discussion on the legal nature of fair use is introduced,and the legal nature of fair use is closely related to its original intention.The legal nature is discussed in order to further understand the connotation of fair use system.Secondly,this paper introduces the two main legislative models of fair use system,researches the merits and demerits of the two patterns,and provides a theoretical basis for clarifying the fair use system of copyright in China.Finally,the paper introduces the different criteria of reasonable use,so as to discuss the performance and reasons of the expansion of copyright fair use system in judicial application.The second part is the empirical analysis of the system of fair use of copyright.This paper comprehensively combs the cases related to the fair use of copyright,studies the present status of the fair use of copyright in judicial decisions,and obtains the conclusion that the fair use of copyright in our country has expanded in judicial decisions.Then through summing up the various embodiment of expansion and the fair use of judicial practice,the cases in practice are combed in detail.On this basis,the positive and negative effects of the fair use of the system judicial expansion are considered.The third part is the reason analysis of the fair use system for expansion.From the legislative aspect,judicial aspect,social aspect analysis.At the legislative level,the central issue is the drawback of the legislative model of our country’s fair use system and the specific shortcomings of the legal provisions.In the aspect of judicial application,it mainly analyzes the judge’s comprehensive value judgment on the principle of equilibrium of rights and the limitation of rights in personal cases.At the social level,the relationship between the copyright problem in the new field produced by the progress of society and the technological development and the application of fair use system in practice is clarified.The fourth part is to standardize the fair use of copyright system in the judicial practice of the expansion of the application of the proposal.First of all,by using the method of comparative study,this paper briefly discusses the setting and modification of the fair use system of copyright in Japan and Germany,which is the same as the rule-based legislative model,in order tot provide reference for the perfection of the fair use institution of copyright in China.Secondly,this paper analyzes the response of the Copyright Law,which will come into effect on June 1,2021,to the expansion of the fair use of justice,and then,on the basis of the third revision of the Copyright Law,discusses ways to further improve the system of fair use of copyright in China.How to optimize the copyright fair use system,from the following aspects to consider:in principle,we should adhere to the balance of interests as the first principle of system design;at the legislative level,we should perfect the specific enumeration of copyright law in our country,and add the fair use of copyright law beyond 22.For the judicial application,the fair use system is reasonably applied within the scope of law.