Study On Fair Use System In The Network Environment

Fair use system provided the foundation of the theory of copyright. It plays an important role in ensuring the balance between protecting the benefit of owner of copyright and sharing the resources during the executing process of copyright law, by coordinating the interest conflicts between owner of copyright and the public. Nowadays, there are great contradiction between the high speed improvement of Internet and Fair use system. It is very useful for the improvement of our country's legal system, which makes great effort to research the theory of fair use system. Fair use in copyright, under the network environment, means a lawful behavior that in the conditions defined by the law, a work may be used without permission from, and without payment of remuneration to, the copyright owner, based on appropriate purpose. Fair use under the network environment is not one of the rights for the users, but one of the restrictions for the copyright owners to contend their rights. Enumeration mode is adopted in the copyright to definitely define the fair use. The current judgment criterion of fair use is not applicable to the network environment.This article find out the aim of fair use system by analyses the foundation and the content of the theory of fair use system. This article also discusses the new feature of the theory of traditional fair use system for the Internet age from the aspect of properties of fair use system and draws the conclusion that the effect way to improve the theory of fair use system for us is to partly expand the applicable scope of fair use system. This article also gives out some advises for the improvement of the theory of fair use system for our country in the network environment.This paper consists of five parts besides preface and conclusion.Chapter I mainly introduces the basic theories of the fair use. It interprets the concept of the fair use and analysis the characteristic of fair use. Chapter II mainly elaborated the impact and influence on fair use which caused by the copyright owner's right expansion and the new way using the copyright works. In terms of law philosophy, constitution and economics, fair use still has the value to exist under the network environment. Chapter III discussed the criteria of fair use and the new development of the criteria in the cyberspace. Chapter IV combines the new way using the copyright works explore the conflict between the digital technology and the fair use. Chapter V mainly focus on the deficiencies in the existing fair use Privilege in Copyright Law of China and give suggestions on legislation to upgrade the fair use privilege from cyberspace aspect.