Rights Limitation in Digital Age : Reform of Fair Use in Copyright Law

This book comprehensively discusses the effects of digital technology on the way work is disseminated and the resulting challenges concerning the fair use of copyright. It also analyzes so-called fairness by examining theories on the system of fair use, demonstrating the “system changes that will be brought about by technological changes” from the perspective of economics, i.e., the problem of modification faced by the system of fair use of copyright. Exploring the nature and function of fair use and repositioning the fair use system, the book proposes a better design for China’s system of limitation on copyright and a readjustment of the copyright system. Lastly, in addition to analyzing the reconfigurations of fair use from an economic standpoint, the book describes in detail the interactions between legal systems and cultures. Preface Introduction Research Methodologies Structure and Content Contents About the Translators 1 Theoretical Basis for the Rights Limitation System 1.1 Theoretical Basis for Fair Use 1.1.1 Definition of Fair Use 1.1.2 Nature of Fair Use 1.2 Arguments on the Legitimacy of the Fair Use System 1.2.1 Essence of Intellectual Property 1.2.2 Economic Analysis 1.2.3 Constitutional Analysis 1.2.4 Sociological Analysis References 2 Legislative Status of the Fair Use System 2.1 Case Law Countries 2.1.1 United States 2.1.2 United Kingdom 2.1.3 Canada 2.2 Civil Law Countries 2.2.1 Germany 2.2.2 Japan 2.3 International Treaties 2.4 Legislation in China 2.4.1 Laws 2.4.2 Cases Involving Fair Use References 3 Legal Relationship of the Rights Limitation System 3.1 Legal Relationship of the Copyright System 3.1.1 Subject 3.1.2 Object 3.1.3 Applications 3.1.4 Relationship Between Rights and Obligations 3.2 Legal Relationship of the Fair Use System 3.2.1 Subject 3.2.2 Object 3.2.3 Application 3.2.4 Relationship Between Rights and Obligations References 4 Types of Rights Limitation in Digital Technology Environment 4.1 Private Copying 4.1.1 Classification of Private Copying 4.1.2 Definition of Private Copying 4.1.3 The Significance of Imposing Strict Limitations on of Private Copying Behavior in Fair Use 4.1.4 Compensation System 4.1.5 Private Copying for Musical Works 4.2 Copying for Innovation Purpose 4.2.1 Copying for Innovation Purpose 4.2.2 Relationship Between Rational Use and Innovation 4.2.3 Fair Use and Parody References 5 Reconstruction of the Rights Limitation System 5.1 Impact of Digital Technology on Current Legal System 5.1.1 Digital Technology Eliminates Market Failures Caused by Excessively High Transaction Costs 5.1.2 Trends in Social and Cultural Development Require the Continuation of the Fair Use System 5.2 Establishment of Digital Rights Management Systems 5.2.1 Digital Rights Management 5.2.2 Temporary Reproduction 5.2.3 Legal Liabilities of Network Operators 5.3 Statutory License 5.3.1 Definition and Function of Statutory License 5.3.2 Legislation in Some Countries 5.4 Restructuring of the System of Copyright Limitations 5.4.1 Strictly Limit the Scope of Fair Use 5.4.2 Expanding the Scope of Statutory License 5.4.3 Business Transformation Achieved by Strict Rights Limitations and Strong Rights Protections 5.4.4 Establishing a “Fair Use” Welfare System Rooted in the Public Law System References 6 Improvement of Copyright Collective Management System in Statutory License 6.1 Concept of Copyright Collective Management System 6.2 Status Quo of China’s Copyright Collective Management System 6.2.1 Extended Collective Management System 6.2.2 Royalty Rates Reference 7 Code Is Law 7.1 Digital Technology Reshaping Economic Behavior 7.2 Distributed Storage Protecting Rights 7.3 Smart Contracts Guaranteeing Fair Trade 7.4 Conclusions References "This book discusses the effects of digital technology on the way work is disseminated and the resulting challenges concerning the fair use of copyright. It also analyzes so-called fairness by examining theories on the system of fair use, demonstrating the system changes that will be brought about by technological changes from the perspective of economics, i.e., the problem of modification faced by the system of fair use of copyright. Exploring the nature and function of fair use and repositioning the fair use system, the book proposes a better design for China's system of limitation on copyright and a readjustment of the copyright system. Lastly, in addition to analyzing the reconfigurations of fair use from an economic standpoint, the book describes in detail the interactions between legal systems and cultures"--Publisher's description