Fair Use Of Digital Work

The fair use of the digital works occupies an increasingly central role in increasingly heated discussions about copyright enforcement. The people on behalf of the copyrighter's interest assert that the fair use should be restricted or ever suspended in order to sustain the benefits of the copyrighters; on the contrary, there are also some scholars who claim to save this old regulation for the public benefits. The solution of this problem concerns that in which kind of a legal situation that the digital technology will develop and how to keep copyright's traditional balance between the copyrighters' benefits and the public benefits. In this paper, we will pay attention to problems in relation to the fair use of the digital works just as follows. Whether the fair use can exist in the digital circumstance? Which kind of fair use mode can suitable to the digital technology as best? Who can fair use the digital work and which kind of digital work can be fairly used?We begin in Part two by analysis the legal value and the economical value of the fair use in the digital environment; Part three evaluates kinds of fair use infrastructures in digital world delivered by different countries and scholars. In Part four, we will review some definite and crucial problems of the fair use of the digital works. Part five concludes that even in the digital world, the fair use regulation has the value to exist. Only a more flexible fair use system can suitable for the development of the digital technology. Given that China' copyright law is more similar to European's, it is better, at nowadays, to learn merits of kinds legislatorial modes. Various of concrete fair use conductions are also, furthermore, needed to be studied, in order to draw up a s fair use regulation suitable for the development of the digital technology.