| The fair use system is an important part of the Copyright Law.In order to resolve the conflict of interests and maintain a balanced relationship between the private rights of copyright owners and the public interests of society,the Copyright Law provides for the fair use system,a limitation of rights.In 2020,there is the 3rd amendment of the Copyright Law.It is particularly important for the court to correctly apply the copyright fair use system and accurately determine the fair use behavior.Based on the fair use system in judicial practice,this article analyzes the basic theory of the fair use system,searches a large number of judicial cases,explores the problems of confusing recognition standards,expansive application and the dilemma of applying extra-territorial concepts in Chinese fair use system in judicial practice,and explores ways to solve these problems exposed in practice,in order to gain a deeper understanding of the fair use system and promote the better application of Chinese copyright fair use system in practice.The purpose is to gain a deeper understanding of the fair use system and promote the better application and development of Chinese copyright fair use system in practice. |