Construction and Judicial Expansion of Fair Use Doctrine in U.S.Copyright Law
Limitations and exceptions to the exclusive right are the important part of the copyright law around the world,and the fair use doctrine in the U.S.Copyright Act is a unique limitation with open structure.With the legislation of 1976 Act,the fair use doctrine has been modified,but it still belongs to the common law when considered from such aspects as the source of law,type of norms and characteristics of case law.What's more,the fair use doctrine has been interpreted and employed flexibly via case law system and legislative revisions,responding to new challenges brought by technological,social,and economic development.The U.S.courts employ"multiple factor test"to decide fair use case effectively,though there's institutional bias due to an over-reliance on some factors,especially the so-called"transformative use".The provisions on limitations to copyright in China's Copyright Law are a comparatively simplistic.Drawing on the open structure of fair use doctrine could help to improve China's copyright system,thereby achieving the goal of protecting copyright and promoting the innovation.
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