Because the United States, as a developed country, has an old copyright system, and its protection of copyright as a private right is relatively strong, while China, as a developing country, should better serve the people, society and culture, the difference between them lies in that the reasonable system in the United States is stricter and the scope of fair use of copyright is smaller, while the reasonable system in China is looser and the scope of fair use of copyright is larger.
The Fair Use System of China Copyright Law and the Defects of American Copyright Law;
This system has shortcomings. China's loose fair system and wide range of copyright use make the protection of copyright owners weak, while the strict fair system and narrow range of copyright use in the United States are conducive to the export of world culture. Copyright export is an important economic means in the United States.
1. The scope of fair use of copyright in China is wider, and the scope and methods of fair use are clearly stipulated in the copyright law of China in the form of enumeration. Article 22 of the Copyright Law Under the following circumstances, a work may be used without permission and without payment to the copyright owner, but the name of the author and the title of the work shall be clearly stated, and other rights enjoyed by the copyright owner according to this Law shall not be infringed:
(a) for personal study, research or appreciation of the use of other people's published works;
(2) appropriately quoting published works of others in works for the purpose of introducing and commenting on works or explaining problems;
(3) inevitably copying and quoting published works in newspapers, periodicals, radio stations, television stations and other media in order to report current news;
(4) Newspapers, periodicals, radio stations, television stations and other media publish or broadcast current affairs articles on political, economic and religious issues that have been published by other newspapers, periodicals, radio stations, television stations and other media, unless the author declares that they are not allowed to publish or broadcast;
(5) Newspapers, periodicals, radio stations, television stations and other media publish or broadcast speeches delivered at public meetings, unless the author declares that they are not allowed to publish or broadcast;
(6) Translating or reproducing a few published works for classroom teaching or scientific research in schools for use by teaching or scientific researchers, but not publishing them;
(seven) the use of published works by state organs within the reasonable scope of performing official duties;
(eight) libraries, archives, memorial halls, museums, art galleries, etc., in order to display or save the version, copy the works collected by the library;
(9) Performing published works for free, without charging fees to the public or paying remuneration to the performers;
(ten) copying, painting, photography and video recording of works of art set up or displayed in outdoor public places;
(eleven) China citizens, legal persons or other organizations written in Chinese and published in China;
(12) Published works are published in Braille.
The provisions of the preceding paragraph shall apply to restrictions on the rights of publishers, performers, producers of audio and video recordings, radio stations and television stations.
Article 23 When compiling and publishing textbooks for the implementation of the nine-year compulsory education and the national education plan, unless the author declares in advance that they are not allowed to be used, published pieces of works, short stories, musical works or single works of art and photography may be incorporated into the textbooks without the permission of the copyright owner, but remuneration shall be paid in accordance with the regulations. Marking the name of the author and the name of the work shall not infringe upon other rights enjoyed by the copyright owner in accordance with this Law.
The provisions of the preceding paragraph shall apply to restrictions on the rights of publishers, performers, producers of audio and video recordings, radio stations and television stations.
Compared with American copyright law 1976, it codifies the principle of fair use in common law, and its article 107 "Restriction of exclusive rights: fair use" stipulates: "Despite the provisions of articles 106 and 106 bis, it is used for criticism, evaluation, news reports and.
Second, there are many restrictions on fair use of copyright in the United States: from 65438 to 0998, President Clinton signed the Digital Millennium Copyright Act (DMCA) based on the intention of making the copyright law consistent with the development of digital technology and the Internet. The article 120 1 (a) of DMCA is about "anti-restriction clause", which indicates that DMCA prohibits lifting technical protection measures to prevent copying. The main contents are as follows: First, it is forbidden to evade technical protection measures and obtain unauthorized connections of protected works; Second, it is forbidden to produce, sell or import hardware and software designed to circumvent technical protection measures; The third is to impose civil and criminal penalties on violators.