Research On The System Of Fair Use In Copyright In Internet Environment

Fair use system is the vital constituent of beneficial balance mechanism of copyright law. It has played an un-replaceable role in coordinating benefits among creators, disseminators, and users, maintains the balance between the personal benefits and public benefits. However, the system received challenges from science and technology since it came into being. Now the formation of Internet environment greatly affected the copyright system. Digital network technology has made an unprecedented challenge to the fair use system. Fair use system must be reviewed and improved. This paper makes research that the conflict and improvement the fair use system received from technology and legal system. First, it analysises Internet environment and its impact on the copyright system. Secondly, from the right of information internet dissemination and the technical measures, analysis the challenges encountered by the fair use system in the network environment detaily. Then get a conclusion that they destroy beneficial balance mechanism of fair use in the copyright law. Third, from the Law and Economics and the theory of the balance of interests, this paper make s thinking about the legitimacy of the fair use system in internet environment. Finally, from the integration of technical and legal system and the appropriate restrictions of right of information Internet dissemination, makes a conclusion that we must improve the fair use system to get the corresponding legislative proposals.