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Study On Fair Use Of Copyright In The Network Environment

Posted on:2006-04-16Degree:MasterType:Thesis
Country:ChinaCandidate:R ChenFull Text:PDF
GTID:2166360155961952Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Fair use is the butter and the bread of copyright. However, balance spirit is the legislation motive of fair use. There are enormous conflicts between the development of the network technology and fair use in copyright. The traditional fair use in copyright faces a great deal of awkwardness under this background. If there is no fair use, it is not necessary for copyright to exist, either. It is essential to make further research on the theory of fair use to balance the benefit among the author, the user and the public, perfect fair use in copyright and promote the development of science and culture cause, which not only has a theoretical meaning, but also an urgent realistic meaning even more.Fair use in copyright, under the network environment, means a lawful behavior that in the conditions defined by the law, a work may be used without permission from, and without payment of remuneration to, the copyright owner, based on appropriate purpose. Fair use under the network environment is not one of the rights for the users, but one of the restrictions for the copyright owners to contend their rights. Enumeration mode is adopted in the copyright to definitely define the fair use. The current judgment criterion of fair use is not applicable to the network environment. Therefore, the judgment criterion, may be referred to the criterion of America to judge whether the behavior of the users belongs to fair use. The dispute on the range of fair use in copyright is extremely intense. In accordance with the international and the other countries' legislation, the range of fair use has a tendency to reduce; according to an angle that technological protective measure is utilized, the range of fair use is restricted. But it doesn't mean that it is not necessary for fair use to exist under the network environment. In terms of law philosophy, constitution and economics, fair use still has the value to exist under the network environment. However, the range of fair use should be expanded correspondingly with the expansion of the copyright owner's rights.Under the network environment, fair use has a lot of new problems. The conflicts between personal use, digital library, long-distance education, technological protective measure and fair use is the most representative problems. Through analyzing the defect of fair use in the current copyright law under the network environment, it is put forward a concrete legislative and judicial proposal that regulate and perfect fair use in copyright under the network environment.Key Words: Network environment; Copyright; System of fair use; Suggestion...
Keywords/Search Tags:Network environment, Copyright, System of fair use, Suggestion
PDF Full Text Request
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