Research On The System Of Fair Use In Internet Environment

Fair use system is the vital constituent of beneficial balance mechanism of copyright law. It has played an un-replaceable role in coordinating benefits among creators, disseminators, and users, maintains the balance between the personal benefits and public benefits. However, the system received challenges from science and technology since it came into being. Now the formation of Internet environment greatly affected the copyright system. Digital network technology has made an unprecedented challenge to the fair use system. It needs an urgent examination and perfection. From technology of digital information and legal system, this paper gives a thorough and careful research on the challenge and the perfection of the fair use system in Internet environment. Firstly, it introduces the formation of Internet environment and its impaction on copyright system on macroscopic aspect. Secondly, it analyzes the challenges which made to fair use rule in Internet environment from technological measures, and cyberspace contracts and the right of information network dissemination and forbidding circumvention of technological measures etc. aspects. And they infringe the function of balance of interests of fair use rule. Thirdly, the reason and justice of fair use rule in Internet environment is analyzed in terms of legal jurisprudence and legal economics and the principle of balance of interests. At Last, some suggestions of legislation are made in Internet environment from both the together of technology and law system, and the restriction of the right of information Internet dissemination.