The Improvement Of Copyright Fair Use System In Network Environment

The study of fair use is important and difficult in copyright areas all along. With the development of digital and network technique, copyright has been challenged totally .The dynamic balance created by fair use between the copyright owner and the user has been struck badly. Scholars all over the world try to design a system of fair use which can not only protect the benefit of the copyright owner but also enrich the information of our society. The coming on of Regulations for Protection of Information Network Transmission Right is one of great advancements in our studies. However further studies are still needed.The article introduces two ways of analysis concluding historical analysis and comparative analysis. On the basis of other countries' theories and legislations, the author summarizes and analyzes the fair use system prescribed in the Regulations for Protection of Information Network Transmission Right, then tries to find ways to modify our regulations to make them more practical and applicable.The whole paper is divided into four parts:The foreword introduces the background and the meanings of the topic.In the first chapter, starting from the source of fair use, the author discusses the conception and the status of it. Then the author analyzes the jurisprudence, constitutional and economic basis of it. There are three views about the nature of fair use. The author analyzes the nature of fair use and vote for the view of Right Restriction.In the second chapter, the author begins to analyze the impact brings by the network to the conventional copyright system. To adapt to the current environment, international organizations and some countries has modified their copyright laws and regulations where the copyright owner gets his information network transmission right and technological measures right. Since the technological measures right plays an effective role in protecting the copyright owner's benefits, people begin to think about the necessity of fair use system. Those who are in favor of retaining the fair use system consider whether it is better to expand or to restrict. The author believes that the fair use is still necessary and important in network environment. In the third chapter, the article begins to explore the core issue of the fair use: the judgment standard. Basing on the conventional criteria and combining digital and network technology characteristics, the author tries to bring forward the new judgment standard, that is, whether there is a user's subjective fault, the nature of the work itself, the purpose of using and whether the copyright owner gets actual damage.In the forth chapter, the author analyzes some typical problems of fair use in network environment and figures out that the Regulations for Protection of Information Network Transmission Right in 2006 needs to be improved. At last, in view of China's current legislative situation, the author tries to put forward some suggestions to modify the fair use system in network environment in our country.The article finally comes to the conclusion that it is not easy to build a perfect system of fair use in a network environment but we believe it will come true through great efforts in the future.