Non-expressive use of works refers to the use of works that is neither for the purpose of reading or appreciation nor results in reproducing the work's expression.Such uses do not deprive copyright holders of transaction opportunities,do not involve the use of works in a communicative context,and do not constitute copyright infringement.Non-expressive use of works does not align with the essential attributes of fair use,and its practice does not require the intervention of fair use system,as fair use is not an appropriate response.The establishment of a non-expressive use system for works would help theoretically to distinguishing between use and non-use of works,as well as between technological neutrality and technology for good.Institutionally,this system could perform functions such as publicization of rights,interpretation of standards,and specifying exceptions.Through key categories such as subject,object,and purpose,the system of non-expressive use of works can be formulated as follows:to achieve specific technical objectives,using published works for purposes other than obtaining the content of the work or disseminating it to the public does not infringe copyright.However,this rule does not apply to computer software works.
worksexpressionnon-expressive usefair usetext and data mining
万方数据
维普
