Exist & Abolish And Rehabilitate: Discuss The Fair Use System In The Network

The appearance and development of network brings the great challenges to the traditional copyright theory. In essence,the limitation of the network spread's right.So some authoes think the fair use should be reduced and eliminated.However,every living low system is changing.it changes by the development of economy, only low system which is not adapted the society will be eliminated.The development technology of figure network only adds a new spread way, the network spread's right expand is the copyright expand in the network,it does not make the the fair use eliminate and the copyright rebuild.The fair use realizes the fair and just principle,make good use of mentality property and public common interests principle not changed.Although the excess protection of network spread's right make the range of rational use take on a shrinkling trend,reasonable use of limitation in the network spread is essenal.We should protect not only the right of owner but also the right of public.The situation that the interest of public become victim of modern technology should be avoided.We should prefect the system of fair use through learning some useful from other countries,make the judgement'standard of fair use modern.The artic is made of four parts,and it is exposied by the logic plain sequence which is asking question→analyzing question→giving advice.The first part is asking question,the tradtion fair use does not adapt to imagism in the comentropy time,should the fair use be dead?The second part is made of two part,one part is run back over the history of the fair use.The other part disserts three value of the fair use soldier on in the web time,and analytic the essentiality of the fari use.The third part dissert that the concrete system of the fair use does not adapt to the demand of the web time,it should supremum again the criterion of the fair use and make it balanced between the author and the readers again.The fourthly part analyzed the meagerness of the fair use in China,and is to table a proposal.