Publishing Journal ›› 2019, Vol. 27 ›› Issue (3): 45-.

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An Analysis about the Development and Perfection of Chinese Fair Use System of
Copyrights :from “Copyrights Law ”(1991) to “Draft of Copyrights Law ”(2014)

  

  • Online:2019-05-15 Published:2019-05-15

Abstract:

[Abstract] Fair use system of copyrights is a limitation system which guarantees public’s rights of
obtaining works and information by limiting obligee’s rights. Chinese fair use system, which included 12
clauses of fair use, was established by the implement of“ Copyrights Law” in 1991, and it developed by the
revision of“ Copyrights Law” and the implement of “ Implementing Regulations of the Copyright Law” and
“Regulations for the Protection of Information Network Transmission Right ”. China implemented the third
revision of“ Copyrights Law” in 2011, and promulgated“ Draft of Copyrights Law” in June of 2014. Such draft
proposes a dramatical modification of fair use system, and after that there is not new draft promulgated because
Chinese scholars have not reached consensus. Therefore, its very important to analyze the main content and the
development of Chinese fair use system and“ Draft of Copyrights Law” to discuss how to revise Chinese fair use
system effectively.