A Study of Copyright Fair Use Concerning Re-Composed Works
| Autor: | Yi-Chen Li, 李怡臻 |
|---|---|
| Rok vydání: | 2015 |
| Druh dokumentu: | 學位論文 ; thesis |
| Popis: | 103 With the advance of information and communications technology, it becomes much easier for people to access, reuse, and share contents by computers and the Internet, which leads to the emergence of Re-Composed Works, like appropriation art, fan art, and KUSO. The Re-Composed Works, by definition, are works with new meanings different from the original ones, whose elements are collaged and applied as the base or the raw material of the new works alone with their creators’ own creativeness. The creation of Re-Composed Works may conflict with the copyright owned by the creators of the original works due to the application of the pre-existed works as the base or the raw material of the new ones. The existence of this confliction is resulted from the expansion of copyright and the extension of the term of protection. Both delay the time the works enter the public domains to be freely used by the public, which causes many disputes. Besides the problems causing by Copyright Act per se, the diversity of Re-Composed Works also increases the difficulty of fair use judgments. Among the multiple facets of the problems, one of the important issues is that the practice of judgments based on the four elements of fair use stated in Copyright Act §65-II is still not strict enough, even though Taiwanese courts have been gradually disposing judgments depending solely on commercial use factors. In order to address the problem mentioned above, this study, focusing on the four elements of fair use stated in Copyright Act §65-II, endeavors to adjust the judgment criteria according to the legislative purposes of the law and the purposes of creation. The findings of this study could be applied to fair use cases so that the judgements could better meet the legislative purposes of Copyright Act, and enhance the multifariousness of the culture through the expansion of the scope of legal Re-Composed Works. In accordance with the research objectives, this thesis is organized as follows. Chapter 1 will state the purpose of research. Chapter 2 will introduce the three major types of Re-Composed Works, and arranged their subtypes by their expressions. Chapter 3 will discuss the background of the issue. Chapter 4 will focus on the problems of Re-Composed Works regarding to the Constitution and Copyright Law. Chapter 5 will compare the EU Copyright Direction, the Copyright Law of America, and the Copyright Law of R.O.C.. Chapter 6 will provide the conclusion. |
| Databáze: | Networked Digital Library of Theses & Dissertations |
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