The Comparative Research On The System Of The Fair Use Of Copyright Between The China And The Japan

As a tool for balancing interests,the original intention and purpose of the copyright fair use system are to balance the interests of copyright owners,users of works and social welfare.As the conflict between closed legislation under the rule of law and the rapid development of the digital age continues to expand,the imbalance of interests between the three continues to increase,resulting in the continuous emergence of infringement disputes.Under the new wave of technology,in order to meet the needs of technology industries such as digitalization,many new types of use methods have been derived.The application of the copyright fair use system creates more new problems.The Internet has the characteristics of wide coverage,strong information volume,and fast information dissemination,which brings challenges to the application of the copyright fair use system in the Internet environment.With the continuous development of digital technology and the information society,the applicable space for fair use is gradually shrinking,and the phenomenon of Internet copyright infringement is becoming more and more common.The fair use system is essentially a tool for balancing interests.The resulting impact is actually a disruption of this balance of interests.The copyright owner’s rights have been improperly infringed,and in order to protect their own interests,they have to adopt some technical means.However,for bona fide and non-profit users,the scope of application of this provision is limited,which challenges the authority of the law to a certain extent.There are many problems in our country’s current laws and regulations on fair use of copyright,which cannot well cope with changes in the actual environment.We need to learn from advanced legislative content to improve my country’s copyright limitations and exceptions,By sorting out the dilemma of fair use of local copyrights and deeply analyzing the reasons for legislative anomie,this paper sorts out the urgent problems faced by my country’s current fair use system of copyright.Japan,which is also a civil law country,is a developed country that pursues intellectual property rights.The revision of its copyright law has opened up a brand-new copyright fair use legislation model,which not only enhances a certain degree of openness on the original basis,but also through complex The normative structure restricts the excessive expansion of rights.It is constructed on the premise of synthesizing the national conditions,the national litigation system,the interaction between the legislation and the judiciary,and the people’s law-abiding consciousness.It conforms to the needs of the era of big data and satisfies copyright The value basis of rights restriction as a balancing tool,even if the rights of copyright owners are restricted to a certain extent,the relaxation of rights restriction regulations is in line with the international trend,and the change of legislative model takes into account the predictability and openness of the law.inner unity.From the perspective of comparative law,this paper analyzes the reasons for the revision of the copyright fair use system in China and Japan,starting from the criteria for judging the fair use of copyright in China and Japan,the specific enumeration of legal provisions,the structure of the provisions,and the legislative models of the two countries.By studying the advantages of the legislative model of Japan’s copyright fair use system,it analyzes the legislative defects and existing problems of my country’s current copyright fair use system,in-depth analysis of the feasibility of using Japanese law,and explores how to learn from useful experience and combine national conditions.Carry out localization transformation.Through the above discussion and analysis,we will further improve the regulation of our country’s copyright.