Researches On The Legal Problems In The Open-ended Labor Contract

Fair use of copyright law is bread and butter, and balanced spirit is the motivation of the system. Fair use devotes much for overall balancing of interests between creators and users, and maintaining haimonious development of social interests and private interests. However, no matter how perfect they are, all systems, are enacted by human beings. And they cannot get rid of the weaknesses of lagging and other limitations. Especially with the development of network technology and the birth of new forms of communication, traditional theory of copyright fair use is no longer fit . And the original balance of interests was broken. Therefore, it is of great theoretical and practical significance to study the fair use system under the network environment in China to maintain the balance between interests and to ensure the development of scientific and cultural undertakings.Scholars have different views on whether the fair use under network enviorment is right or obligation. But it is mostly regared as an appropriate restriction on creators'copyright. Copyright Law lists 12 traditional modes of fair use of the case, but in a networked environment, existing new problems. Therefore, in the network environment, the standard of fair use can be considered as taking the traditional mode and referencing as the the four factors of United States. Meanwhile, the scope of fair use debates in the network environment has intensified. From the perspective of international conventions and national legislations, the scope of fair use is reduced trendency; from the view of technical measures in use, the scope of fair use has been limited. But it does not mean that fair use under the background of it has lost the need to live. The article from the perspective of the traditional jurisprudence, sociology, law and economics, to analyze the value of it. And, in the expansion of the rights of the copyright owner, the scope of fair use should be expanded accordingly. The most typical issues of fair use in the network environment are that it is necessary to redefine the standard of fair use, and the conflicts between new methords such as personal use, digital libraries, network teaching, technical protection measures and fair use. The article analyses the fair use of copyright in the current deficiencies, putting forward to some suggestions, and with a view to help on our copyright legislation.