Judgment Criterion On Fair Use Of Copyright In The Network Environment

This paper mainly discusses the judgment criterion on fair use system of copyright in the internet environment. With the rapid development of network, the application of traditional judgment criterion is facing significant challenges. As the core of the balancing spirit of Copyright Law, fair use system shouldn't fall victim to network technology. Therefore, this paper analyzes on the traditional criterion of fair use and compares the legislative form in both two major law families and international organizations. Finally, combine with the characteristics of constitutions of tort, the author suggests the subjective and objection standard on the fair use and the general principles of constructing the fair use system in order to make contributions on the improvement and perfection of the fair use system in China. This paper is composed of four sections:The first section is about the challenges internet environment brings to the fair use system of copyright.The second section compares the legislative form in both two major law families and international organizations and concludes the legislative conception as the reference.The third section analyzes the necessity of the existence of fair use system and points out the factors which should be included in fair use criterion. On the basis of connotation analysis on traditional criterion and its new development, the author suggests new criterion of fair use system.Last, the author claims the principle of balance should be regarded as the general principle in our fail use system and set forth some suggestions on the improvement and perfection of our fair use system from three conditions: the right of use within the common users, traditional media and the implement of public affairs.