Study On The Fair Use System Of Copyright In Network Environment

Fair use system of copyright plays an important role for interests balance. It adjusts and balances the interests of authors, propagators and the users directly. The target of interests balance is to maximize the benefits of the three under maintaining the interests of authors. So that it can achieve the goal of legislation on copyright and pursuit of equity benefit. Fair use system of copyright also plays such a role on Internet. If the system was not reasonable used on Internet, the net citizens will easily step into the dangerous place. In such condition, it not only damages the public benefits and broke the natural balance of Copyright Law, but also harm for culture spread and make against the tenet of copyright legislation. At the same time, so many cases of small amount of money and dispersive defendants bring inconvenience for judicature. This article will study the issue that how to use fair use system on Internet in order to realize its legislation goal.The article includes three parts.The first part discusses the system of fair use of copyright and analyses its necessity existence on Internet. At first, the article expounds the function of fair use system of copyright. That is balancing interests of authors, propagators and users. It analyses features of fair use system: That is an in-fact behavior and having its own feature to distinguish with other law behavior. Firstly, expressed intention is not the necessity in fair use. In fair use behavior, not the purpose but the object ending makes the law sense. Secondly, fair use comes into force directly according to the provisions of law, no matter what expectations the parties have made. And then, this article analyses fair use system in copyright is also necessary on Internet. In this section, the article analyses fair use system through its function on easing conflict interests of authors and publics, paying attention to both equity and efficiency and...