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<p><OrderedList><ListItem><ItemNumber>1.</ItemNumber><ItemContent><p><b>For the doctrine of fair use to apply, its requirements must be expressly provided in the Copyright Act.</b></p></ItemContent></ListItem><ListItem><ItemNumber>2.</ItemNumber><ItemContent><p><b>The Copyright Act prior to the 2011 Amendment did not contain an explicit provision on fair use and it is difficult to accept that fair use could be recognised on the basis of a broad interpretation of the copyright limitations and exceptions enumerated in the former Copyright Act.</b></p></ItemContent></ListItem><ListItem><ItemNumber>3.</ItemNumber><ItemContent><p><b>The subsequently introduced fair use provision (Art. 35-5 of the Copyright Act) does not apply to acts of reproduction that were completed before said provision took effect merely because the reproducing work (here: the monument or lyric inscription plaque) remains in existence thereafter.</b></p></ItemContent></ListItem><ListItem><ItemNumber>4.</ItemNumber><ItemContent><p><b>Copyright limitations and exceptions cannot be justified by invoking public interest in the absence of statutory grounds.</b></p></ItemContent></ListItem><ListItem><ItemNumber>5.</ItemNumber><ItemContent><p><b>Copyright collective management is based on the Copyright Act and constitutes a trust within the meaning of the Trust Act. Under such a trust, once the trustor transfers the relevant rights to the trustee, those rights are fully vested in the trustee against all persons; the trustor does not retain them, even eventually.</b></p></ItemContent></ListItem></OrderedList></p><p>[…]</p>

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“Song Monuments”

  • 期刊论文

  • 发表日期：

    2026年2月1日

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摘要

1.

For the doctrine of fair use to apply, its requirements must be expressly provided in the Copyright Act.

2.

The Copyright Act prior to the 2011 Amendment did not contain an explicit provision on fair use and it is difficult to accept that fair use could be recognised on the basis of a broad interpretation of the copyright limitations and exceptions enumerated in the former Copyright Act.

3.

The subsequently introduced fair use provision (Art. 35-5 of the Copyright Act) does not apply to acts of reproduction that were completed before said provision took effect merely because the reproducing work (here: the monument or lyric inscription plaque) remains in existence thereafter.

4.

Copyright limitations and exceptions cannot be justified by invoking public interest in the absence of statutory grounds.

5.

Copyright collective management is based on the Copyright Act and constitutes a trust within the meaning of the Trust Act. Under such a trust, once the trustor transfers the relevant rights to the trustee, those rights are fully vested in the trustee against all persons; the trustor does not retain them, even eventually.

[…]