Fair use doctrines in creative economy Abstract:

Abstract

Copyright played a key role in stimulating the growth of the creative economy. The doctrine of fair use in copyright has had an extraordinary impact on the creation of intellectual products. This article introduces the development process of test criteria for judging fair use doctrine, analyzes it with relevant classic case in the united states. According to case study, discuss the transformative use gradually established in judicial prec - edents. Focus on the perspective of trial practice, and makes investigate on how fair use doctrine can fully stimulating innovation potentials through re-innovation ways thereby promoting market economy prosperity. Fair use doctrine is flexible and adaptable over a long period of time. By utilizing this doctrine, potential creators can create new works by accumulating wisdom from existing works, in other words, “standing on the shoulders of giants” which it ultimately benefits society as a whole. Nowadays, Copyright encourages development related technologies such as artificial intelligence, digital search and algorithms which stimulate creative works and have major impacts on innovation. However, with the rapid development of the Internet, in turn it also brings challenges for fair use. In the internet-era's, it become a very serious problem. Clarify the boundary of fair use in judicial precedent, and appropriate relaxation of fair use conditions can be solved this problem appropriately. This article is aim at explores the new roles of fair use in the era of creative economy, promotes dissemina - tion and utilization knowledge products. Creation of new works depends on knowledge sharing that fully absorbs and effectively learns from existing intellectual achievements. Therefore, copyright protection should promote the sharing and using of knowledge to its fullest extent through the principle of fair use.