Study On Fair Use Of Copyright In The Digital Environment

The copyright law is fundamental law for protecting the copyright of authors, its legislative intent is to encourage creation and dissemination of the works beneficial to construction of socialist spiritual and material civilization and promote development and prosperity of socialist culture and science. Fair use system is one of the most important contents in copyright law, which plays an indispensable role in regulating the balance of interests between copyright.In recent years, advances which in digital technology and network development has exerted great impact of traditional copyright law. In the digital environment, while the reproduction and dissemination has become very simple and convenient, the law of development has lagged behind advances in technology, and the author's copyrights are under the unprecedented threat. On the other hand, the law's deterrent enough to stop infringement behavior. So technical means becomes to make up, but the technical means will limit the spread of copyright to a large extent, and will prevent or restrict the reasonable use of public interest. In order to make fair use of copyright system continue to play a role'in the current rapid development of the digital environment, the world are actively seeking a solution to continuously reform and improve the legislation. Copyright Law of China listed manner defined by the scope of fair use, but this criterion has been difficult to apply in the digital environment. In order to maintain a balance between author and the public, the in-depth study of fair use of copyright in the digital environment is necessary and reasonable. The purpose of this paper lies in the hope of finding answers study the fair use of copyright system.Firstly, I start to explain the concept from traditional fair use of copyright to its development, and analysis the new challenges of fair use of copyright in the digital environment. And then, by using comparative analysis, historical analysis, case analysis, inductive analysis and other methods, I investigate the current situation of fair use of copyright in domestic and international copyright law and our problems of fair use of copyright. Finally, I give some suggestions to improve the fair use of our copyright in digital environment. Paper is divided into four chapters: The first chapter is an overview of copyright fair use. I do some research on the history, nature, and other basic issues of fair use. From a theoretical Point of view to study fair use of copy right, we can understand its connotations of the concept and the development process of the system.The second chapter is about the challenges of fair use of copyright in the digital environment. This chapter describes on the formation of the digital environment and the impacts of traditional copyright. Then I analyze the impact of fair use of copyright in digital environment. On this basis, I summarize the current situation and scarcity of fair use of copyright system in China.The third chapter takes the United States, the European Union and some international corporations as examples to reveal the current international attitude and approach on improving fair use system of copyright.The forth chapter point out the idea of the construction of fair use of copyright in the digital environment. Combine those analysis and research with China's national conditions to explore fair use of the copyright system development trends. Finally bring up some legislative suggestions to improve and perfect China's legal system of fair use of copyright.