Nature of Fair Use: Exception of Copyright or Fair Use Right
LI Jun-zhen
Abstract
LI Jun-zhen
Abstract
The existing system which designing fair use as the exception of copyright can protect the legal interest of public using copyrighted works. It is unnecessary to regulate fair use right generally. As legal interest,fair use does not have the elements and necessity of right. The history of environmental protection shows that the best way to balance the benefit among authors,communicators and public is to Institutionally reflect and protect the organization and expression of public as relative vulnerable group,but not mesmerized in right generalization.
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The existing system which designing fair use as the exception of copyright can protect the legal interest of public using copyrighted works. It is unnecessary to regulate fair use right generally. As legal interest,fair use does not have the elements and necessity of right. The history of environmental protection shows that the best way to balance the benefit among authors,communicators and public is to Institutionally reflect and protect the organization and expression of public as relative vulnerable group,but not mesmerized in right generalization.
Key concepts: Fair use, Balance (ability), Public interest, Fair dealing, Generalization, Law and economics, Law, Business