| Summary: | 碩士 === 世新大學 === 智慧財產權研究所(含碩專班) === 106 === The legislative purpose of the Copyright Act (the “Act”) is to protect not only the rights and interests of the authors, but also the benefits of the fair use of human wisdom by public. Therefore, the first article of the Act specifically enacted for the purpose of protecting the rights and interests of authors with respect to their works, balancing different interests for the common good of society, and advancing the development of national culture.
Though The Act confers the copyright on the authors first but still considers the public interests and restricts on fair use for the exercise of the copyright. However, the concept of fair use is ambiguous. Although there are a plenty of judgments and research papers written by the predecessors, the benchmark of fair use is still hard to define and how to regulate fair use more specifically is an issue for scholars and legislators to solve as well.
The nature of photographic works and other works are different. Photography is a new technology produced after the 19th century, it may give rise to controversy if the concept and regulations of the previous copyright are used in the photographic works nowadays. From the point of view, the essay will discuss the meaning of fair use, lead readers to understand the characteristics of photographic works, and clarify the issue on fair use and make suggestions according to judgments of the fair use of photographic works by the Intellectual Property Court.
|
|---|
