Study On The Fair Use System Of Copyright In Network Environment

As a widely accepted system to limit copyright all over the world, the fair use rule permits disseminators and users of works to exploit copyrighted works without the consent of the copyright owners and the payment to them in the given conditions defined by the law. The nuclear matter of fair use rule is fair use privilege. The fair use privilege is the usufruct given to the owner as well as the public in the conditions defined by the copyright law in order to develop social science and culture.The juristic gist of fair use privilege is that constitution endues the public with the right of collecting information and acquiring them. Nowadays, the international and many countries' legislation are different from each other on the range of fair use privilege and the judgment criterion whether the behavior of the users belongs to fair use or not. Under the network environment, internet technology has greatly changed copyright owners' rights and the rights protection system. There are enormous conflicts between copyright and fair use privilege. The traditional fair use system faces great challenges under this background.This paper consists of four sections. In Section One, the traditional fair use privilege is fully explored. The fair use privilege is the usufruct given to the owner as well as the public in the conditions defined by the copyright law in order to develop social science and culture. Comparison of different countries' legislation situation on fair use privilege is also illustrated. Section Two emphasizes the importance of the fair use privilege in Internet, which inferences fair use privilege dramatically. In addition, this part analyses the relationships between fair use privilege and the new internet technology, such as Remote teaching, Digital Library, RAM temporary copy, Downloading Information, Interlinkage etc. Section Three analyzes the relation between network fair use privilege and network copyright, their developments and conflicts. The judgment criterions of network fair use privilege are researched from four aspects: used aim and character, the character of copyrighted work, use quantity and material matter, and market effect, which are based on the American judgment criterions of fair use privilege. In Section Four, we finds the deficiencies in the existing fair use privilege in Copyright Law of China, and the suggestions on legislation to upgrade the fair use privilege from cyberspace aspect.