Research On The Fair Use Mechanism Of Blog Copyright

In recent years, the Blog website develop very fast. This leads to the increments of Blog copyright infringement day by day. Among these, one question need us to think it over: how to establish the fair use mechanism for Blog opus?This master dissertation comes up with some ideas on the copyright of Blog opus at first. It confirms the existence of the copyright of Blog opus, then analyses the characteristics of the copyright of Blog opus in detail. All these characteristics make the base of the fair use mechanism for Blog opus, which is different with traditional copyright, or even other network environment.In chapter 2, this paper begins to in detail analyze the challenges we will meet in the fair use mechanism of Blog opus. This paper analyzes carefully the domain of the fair use mechanism of Blog opus, poses that different types of Blog opus should have different fair use domain. In the meanwhile, we explore the influence to the fair use mechanism given by the actions, such as, browse, hyperlink and search. Afterwards, the dissertation turn to discuss the judgment criterion of fair use in the Blog environment. We make the traditional"four criterion"fit for the Blog practice. As to"Blog convention"made by some website, this dissertation focus on the relations between the authorization contract and the fair use mechanism, mentioned that, under related law frameworks, we can confirm the availability of the authorization contract. Since Blog environment is a"free copy"environment, technical protection methods are inevitable indeed. This paper also explains the effects on the fair use reality that the technical protection methods and temporal copy brings to. It makes clear that under the rivalry between technical protection and the fair use, we can get accordance based on fair use.Based on the former contents, the chapter 3 provides the mechanism design of fair use regimentation for Blog copyright. Here, the dissertation in particular describes the difference among Blog website, the traditional website and BBS. By these, it tell that, in the Blog circumstances now, we had better choose a"loose not tight"rules for mechanism design. The reason of this is that, Blog appears more"individual show". In the meanwhile, chapter 3 includes some thoughts of the author about the fair use mechanism of Blog copyright. The first one is the double contradictions faced by the fair use of Blog opus.The dissertation also mentions the mental rights of the Blog opus here. The next topic discussed in this chapter is the objects of the fair use mechanism, which is the extension of the characteristics discussion of Blog. Another question clarified here is that if the Blog can take a media role in practice? This point affects the mechanism design in a deep degree. The conclusion of this paper is that, Blog website have the feasibilities to become a media, but at least now, it is only the supplement of other medias.In chapter 3, considerations on the fair use from multiple angles are proposed. Then, the flexibility of the mechanism design is addressed for the purpose of encouragement of the new things like Blog. At last, it investigates on the related legislation practice and gives some suggestions.