2008Qiye jishu kaifaRequires access

Discussion on the fair use system of the copyright

Luo Lei

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Abstract

The fair use is a law system that is adopted widely by all countries’copyright law in modern times. Through more than one century’s judicial practice and theory gestation, this system had been affirmed by Anglo-American law system countries firstly, and then, it had become the legislative general rule of modern copyright. With the appearance of new communication technology, the fair use system faces more strict right restriction, the new amendedcopyright lawpartly reduced the area of fair use, protected the right of copyright owner to some extent, but considering the legislation tendency of the modern copyright toward to international standard, it has made more strict and specific stipulation on the applying scope and applying condition of the fair use. Through analyzing the production, meaning, legal nature of fair use system, this paper discusses several questions that wait for consummating.

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What this paper is about

The fair use is a law system that is adopted widely by all countries’copyright law in modern times. Through more than one century’s judicial practice and theory gestation, this system had been affirmed by Anglo-American law system countries firstly, and then, it had become the legislative general rule of modern copyright. With the appearance of new communication technology, the fair use system faces more strict right restriction, the new amendedcopyright lawpartly reduced the area of fair use, protected the right of copyright owner to some extent, but considering the legislation tendency of the modern copyright toward to international standard, it has made more strict and specific stipulation on the applying scope and applying condition of the fair use. Through analyzing the production, meaning, legal nature of fair use system, this paper discusses several questions that wait for consummating.

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Available abstract

The fair use is a law system that is adopted widely by all countries’copyright law in modern times. Through more than one century’s judicial practice and theory gestation, this system had been affirmed by Anglo-American law system countries firstly, and then, it had become the legislative general rule of modern copyright. With the appearance of new communication technology, the fair use system faces more strict right restriction, the new amendedcopyright lawpartly reduced the area of fair use, protected the right of copyright owner to some extent, but considering the legislation tendency of the modern copyright toward to international standard, it has made more strict and specific stipulation on the applying scope and applying condition of the fair use. Through analyzing the production, meaning, legal nature of fair use system, this paper discusses several questions that wait for consummating.

Key concepts: Stipulation, Fair use, Scope (computer science), Copyright law, Law and economics, Legislation, Legislature, Meaning (existential)

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