Studies On The Fair Use System Of Copyright Under Network Environment

"The eternal dilemma of copyright law is to devide the limits between copyright holders and the starting point of free use of the works by the public." In the copyright law field ,the fair use system is set up to adjust and balance the benefit among the author,the work propagater and the public. Among the various systems of the copyright limitation, the fair use system of copyright is the current system and also is the regulation that easily arouses argument in the study of copyright practice and theory and which is difficult to be understood. The system is called "the Riddle of Sirenkesi" in the copyright law field. With the rapid development of the internet technique, the traditional fair use system of copyright is impacted and influenced enormously. The profit balance among the subjects is thrown into confusion, and the interrelated systems don't fit the internet development, needing accordingly adjusting and completing timely.The article mainly uses means such as comparing analysis, case analysis, deductively reasoning analysis and so on, discoursing the fair use system of copyright under the network environment in four parts and raising the writer's opion about how to complete the internet fair use system of copyright in our country.In the first part of the article, the writer discourses the theoretical principle of the fair use system—profit balance theory—by analysing the meaning and nature of the fair use system, and briefly introduces the gengeral regulations of the fair use system of Britain, America, and China.In the second part, the writer discourses the impact and influence of the network technique development to the traditional fair use system from four aspects, first analysing the impact of network to the works' constituent elements, forms and using mode, then analysing with amphasis the relation between the new using mode of works such as digital library, distance learning, database and the fair use, on this basis summarizing the impact of the network environment to the traditioinal fair use system—the expanding of the copyrighter's rights, the limitation of the technique protecting measure to the fair use system, the shrink of the fair use and the vagueness between the fair use and the invading use. At last, the writer discourses the argument of keeping or abolishing, expanding or shrinking the fair use system under the network environment, approving the value of the exist of the fair use system from the view of the constitution and the economics.The judgement standard of "fair" is the crucial issue of the fair use system, and in the third part, the writer introduces the judgement standard of "fair" of the traditional fair use system of copyright, analyzing the maladjustment of the standard under the network environment, conceiving to introduce the behavioror's subjective condition and considering the objective consequences of using behavior to suit the change and challenge of the internet condition, and briefly introduces the interrelated regulations of the fair use under network environment at home and abroad.In the forth part, it is discoursed how to complete and develop the fair use system under network environment in China. The writer puts forward some specific advice from five aspects—legislation mode, the deficiency and development of the 22nd article of the copyright law of China, the fair use situation needed to be definited under network environment, legal permitting system, and "deduced" petmitting system.