A Discussion on the Distinction between Limitations and Fair Use of Copyright Property Right

• Main Authors: CHANG,SHIUAN-CHANG, 張鉉昌
• Other Authors: ZENG,SHENG-TSENG
• Format: Others
• Language: zh-TW
• Published: 2017
• Online Access: http://ndltd.ncl.edu.tw/handle/gn95s4

碩士 === 嶺東科技大學 === 財經法律研究所 === 105 === The fair use system is the most important mechanism in balancing the rights of the copyright owner and the greater public interest. Certainly, the purpose of balance lies in reaching a consistent goal with copyright law. Some scholars state that copyright law is the most troublesome of laws, and fair use is the core of this trouble. Hence, a restriction of the fair use of an individual could imply the impairment of public interests too. However with rapid technological developments the current fair use regulations cannot apply for diverse exploitations anymore. Maybe create the digital license system and adjust the fair use conditions will the best way to solve it, this is worthy of discussion. In this empirical study, we will explain and verify how the fair use doctrine used in Taiwanese legal system. The perplexity occurred when the Section 107 of the U.S. copyright law was transplanted into Article 65(2) of Taiwanese Copyright Act years ago. Copyright limitations are the important system for balancing the copyright owners and the users in the Copyright Act. However, accompany with the change of the environment of the use of works in the society, the practice opinion of the copyright limitations should play more important role. However, the provisions in the current copyright law and the pending drafts still have some insufficiencies, so that it is necessary to learn from the concerning legislations in America to improve the provisions and systems relating to the personal use exception of in Taiwan. And，to study the relationship of fair use with Article 44 to Article 63 is important to reform the legal .It must grow along with the development of science and technology. The key issue of copyright law in an Internet environment is to give a new vision and meaning to fair use.