Research On Fair Use System To Limit Information Network Transmission Right

Fair use system has been the Copy Rights'priorities and challenging points. With the growing digital network technology developments, and systems in the Copyright Law are facing unprecedented challenges, including the balance between the interests of the public and the copyrighter within the framework of fair use system shocked hugely. How to share the information resources and meanwhile protect the interests of the copyright owner when spreading the works is a daunting task. The exploration of balancing the fair use system and online spreading rights is under work in every nation, and Chinese scholars'work on it never stops. The amended "Copyright Law" in 2001 and the "Regulations on Protection of Information Network Transmission Right" enforced in 2006 is the condition of the network involved in the process of information dissemination of fair use right to network dissemination of information of the new institutional arrangements limitations However, there are still many issues outstanding at this stage, further studies need continuing.In this paper, with the use of the comparative analysis and historical analysis, the results of national and legislative achievements of theoretical research, analysis, and combined with "Copyright Law", "Information Network Transmission Right Protection Ordinance " Right of Communication through Information Network and rational use of the system Requirements are reasonable to use system on the right to limit dissemination of information networks and equitable policies to deal with that in legislative system and the rule based on the principles, to avoid legal lag. The network environment to make regulations under the new circumstances, flexibility and specific combining to make the system more rational use of operational practice, the right to limit dissemination of the information network, while more equitable.In addition to introduce the thesis of fair use system's function in online information spreading as the thesis background and significance in the introductory part, the major content is explored in five parts:In the first part, the conflicts from the right to network dissemination of information and rational use of the system of actual performance and the reasons for conflict analysis are clearly stated. The way to protect Information Network Transmission Right Protection features professional manners, which cast impact on the rational use of the proper use system. Violations in name of the system have occurred due to the openness, replicability, professional measures, exclusiveness of the object of the copy right. Fair use system still continues to have value. These reasons makes rational use of the system in a networked environment in disharmony with the right of communication and information networks are not in harmony with Information Network Transmission Right.In the second part, the information network system for the rational use of the right to limit spread of the legitimacy of the foundation of the right to network dissemination of information the social function of network conditions, fair use of the information network the right to limit dissemination of the necessity and feasibility. The legitimacy of limits of proper use system on Information Network Transmission Right is demonstrated based on further study on necessity and feasibility.In the third and fourth part, the international conventions and other countries with a system designed to compare the analysis of our current system of fair use rights on the dissemination of information network status and insufficient levels of checks and balances, and theoretical analysis. The scope of fair use enumerated type legislation resulted in the limitation of the scope of fair use. The accountability mechanism to deal with violations of the right to network dissemination of information is not perfect. Chances are high that the system is degraded to only a frame with no feasibility.In the fifth part, on the current situation of our country, the need for fair use of the information network the right to limit dissemination of the provisions made in principle, to adapt to the rapid development of networking, deal with the lag of the law and to propose concrete measures. Following the principle of public interest, principle of equity, the principle of optimal use of knowledge assets to adapt to the rapid development of networking, lag of the law shall be fixed. To expand the scope of the statutory licenses and compulsory licenses to assist the rational use of the system; to improve the system of collective management of copyright, the use of digital rights management technology to protect the legitimate interests of copyright holders; clear copyright license agreement and the responsibility of strengthening the network of content providers, the disputes will be defused.The conclusion put a repeated stress on the significance of fair use system to restricted equity in online information spreading and look into the possible future that the restrict within fair use system will show more justice and equality as the research is progressing in order to promote the prosperity of China's social culture.