Under the copyright law system，Public as a user as a work，It is an important right and obligation subject。But related theoretical research and judicial practice are mainly based on the author and the communicator，The user's authority of the public does not get enough attention。For this，American jurist Lyman Ray Patterson and others proposed，The main status of the public's copyright law should be respected，The nature of "copyright restrictions and exceptions" is determined as "works user rights" instead of simply infringement defense。This view has caused a lot of controversy，and not much in relevant legislative practice。Since 2004，The Canadian Supreme Court of Canada has an important impact on the expression of "copyright restrictions and exceptions that belongs to the user" in three jurisdictions，But Canadian domestic scholars' views on this matter are not consistent。The concept of examining the user rights of Canadian works 嬗 Changes，It has a certain value for re -examining the copyright system of the digital age。

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Affected by the historical origin of the two countries，The Canadian copyright law is based on the British Copyright Law as a blueprint，When describing the situation that "reasonable use" can be applicable，Both use the closed list，Breeding "reasonable use" is limited to research or private learning、Criticism or comment、News reporting bet365 Play online games the situation of the work。Although the subsequent amendments later reflected the protection of works users and public interests to a certain extent，but did not adjust the established mode，The practice in judicial practice is to follow the mechanized "bright line rules"，Not allowed "reasonable use" to explain a flexible explanation。The more famous case is the "Michelin case" in 1997。In this case，The Canadian Automotive Workers' Federation is due to labor disputes，Emperor's leaflets that are printed with Michelin tire brand "Bibndum"，Charged to infringe copyright。Automotive Workers' Federation argued that using this logo is a drama imitation，belonging to "Reasonable use"。But the Federal Court of Canada said，The imitation of the drama is one of the "reasonable use" situations listed by the copyright law，Not a synonym for criticism，Emphasized strict explanation of "reasonable use"，Final judgment infringement was established。But，Some scholars think，The conversion purpose of the imitation and the value of its means of critical means，It provides sufficient legitimacy for incorporating it into the scope of "reasonable use"，The use of a closed list to describe the application of "reasonable use" is difficult to meet the actual needs。

With the changes in the social environment and the in -depth theoretical research，Canadian copyright judicial practice gradually develops in the direction of the interests of the author and users。2002，The Supreme Court of Canada clearly supports copyright balances in the "Taibei Hot Case"，It can be said that it is one of the iconic events in this bet365 best casino games area。In the case，A gallery purchases the poster of Claude Théberge, a Canadian decorative abstract painter,，Use a process to remove the painting on the poster and transfer it to the canvas。Gallery does not actually make a copy of the work，Because the poster is blank after this process is completed。Taibei believes that he sells paper posters instead of canvas copying parts，Therefore, a lawsuit with the Quebec Court。Quebec Court supports the demands of Taibei Hot，But the Canadian Supreme Court Judgment expressed，Copyright Law encourages public interests in the process of spreading works，Give the author a reasonable return at the same time。From an economic point of view，Excessive compensation The author is inefficient as the author is not compensating for appropriate compensation，The legal replication of the work will be sold，Usually buyers rather than authors decide their use。The judgment also emphasizes，Excessive control of copyright will erode public interests，"Reasonable use" that affects works，Obstacles innovation。

　　The user rights of the work get judicial confirmation

"Taibei Hot Case" after，Public interests related to copyrights and public ownership are gradually entering the Canadian public vision，Related research also injects vitality for the explanation of "reasonable use"。March 2004，The Supreme Court of Canada made a final judgment of the Canadian Lawyers Association for publishers such as the Dutch Publishing Group，Balanced interest in the copyright law。The library managed by the Canadian Lawyer Association provides users with services of copies and other legal bet365 live casino games materials for users，Therefore, to be sued。The defendant's lawyer association argued that it provided such services to promote research; the plaintiff Weico Publishing Group, etc.，Related to this case is a library staff who replica works instead of the final researcher who obtained a copy。The court of preliminary review supports the plaintiff's proposition，It is believed that although the behavior of the final user may constitute a research -based "reasonable use"，But the defendant's copy service is not within the scope of "reasonable use"。and the Federal Court of Canada said in the retrial，You need to "justice" for "reasonable use、Balanced Interpretation "，Re -examine the nature and value of "reasonable use"，Acknowledge the commonity of the convenience and actual user。Case appeal to the Supreme Court，The court supports the court's judgment and further pointed out，"Reasonable use" should be understood as one of the components of the copyright law，instead of just a defense，Any behavior that belongs to "reasonable use" does not constitute copyright infringement。Same as other exceptions，"Reasonable use" is the right of the user user，To maintain a balance between the interests of the copyright owner and the user，Do not respond to its purpose to perform restrictions。

So far，The user rights of the work get judicial confirmation in Canada，also caused multiple reactions。Canadian scholars、Barry Sookman, a well -known lawyer, believes，Copyright reform is not a "zero sum game"，The user rights of the work are intentional misunderstanding of copyright balance。Canadian publisher bet365 live casino games council said，Confirm that the user's right will greatly limit the rights of copyright owners，It should be understood as a metaphor that emphasizes the importance of users' interests。Professor Teresa Scassa, a professor at the University of Ottawa University, who supports the standpoint of the Supreme Court of Canada，Only on the basis of paying attention to the substantive issues can we realize the balance of interest，It is not enough to stay at the level of rhetoric。Crys Craig, deputy professor of the University of York University, believes，Only one right label is not enough to change the overall situation，Open "reasonable" system should be designed，Expand its coverage。

　　Copyright Modernization Act Causes Contention

2015，The Federal Copyright Modernization Act of Canada (hereinafter referred to as the "Act") officially enable。4 exceptions have been added，Where，A compulsory "Exception of Non -Commercial User Generation Content"，It is considered an effective response to the demand for the copyright protection of digital works。In terms of responsibility that network service providers should bear，The bill establishes the "Notice -Notice" system，better guarantee the freedom of the expression of network users。At the same time, use countermeasures to carry out low -level protection of copyright technical measures，Leave the necessary space for the public to use the work reasonably。

After passing the bill，The Supreme Court of Canada passed 5 cases of copyrights such as "Bell Case" and "Alberta Case"，Reading "copyright restrictions and exceptions belong to the user rights of the work"，This further stirred its domestic contention。Professor Michael Geist, Bet365 app download a professor at the School of Law of the University of Ottawa, supports the protection of the protection of works，and advocate flexibly "reasonable use"、Broadly explained。Pascale Chapdlaine, Deputy Professor of Windsor University Law School, put forward，Although some exceptions of the general principles of copyright protection are declared as rights，But its nature and range are still uncertain，Need legislation to be clear，At the same time, we need to reform the copyright contract and technology related to technology。Craig adjusted his position，It is believed that the user's rights may allow the right holder to put forward more moral propositions about copyright，Not conducive to protecting public interests，Should be used with caution。

To sum up，Judicial recognition of "User Rights" and the introduction of the "Act"，Show the user's rights and interests are valued in Canada，But its nature and range are still uncertain。The "Bill" still uses a closed list to describe "reasonable use"，Three of the 4 new exceptions can be covered by technical measures，Affecting them for compulsory，It is not conducive to its position as right。As Shaopd Lena said: "Canadian users still depend on reasonable use，Under the condition of reasonable use of unprecedented expansion，Its future is uncertain。"Although so，Acknowledge of the user right of the work of the work of the work，It shows that it is not just a concept or metaphor，and has risen to the specific system and operation level，worthy of our attention and research。

(This article is the research of digital copyright bet365 best casino games governance under blockchain technology "(XSP21YBZ024) phase results)

(Author Unit: School of Intellectual Property, China University of Economics and Law)