The Reseacrh Of Fair Use System Under Network Environment

The Fair use system has the history of 200 years from it generated .It has played a significant role in ensuring the balance among protecting the interests of the copyright owners, communicators and the public .It also promoted the development of the society and culture. So far, Fair use system has become one of the core systems of the world's countries and international conventions. However, digital technology is subverting the specific model of the traditional Fair use system. therefore, deep analysis of the new situation under network, reconstructing the fair use system is necessary for improving our copyright law and promoting our social development .This paper begin from the source of the fair use system under the background of the network, and it compares and analyses the basic value of the fair use system about protect the basic right of people ,maintain the idea of equity and justice knowledge as well as maximize the social benefits . and it also deep explores the new network circumstances combined with the private copy, temporary copy, technical measures, distance education, digital library as well as protect the moral right of authors . at last it gives some legislative proposals about how to improve our fair use system.All this paper divides into four chapters. The first chapter describes the origin and evolution of the fair use system, and makes the conclusion that the purpose of the fair use system is to establish a dynamic balance between the mechanisms to facilitate the creator genius and transform it into materal wealth and ensure the public has the right to access to konwledge. meanwhile, this chapter also analyzes the value of the fair use system under the network condition and points out that the purpose of protect the basic right of people , maintain the idea of equity and justice as well as maximize the social benefits has not changed. The second chapter analyzes the status of the fair use system, and points out the problems of the fair use system about the legislative and judicial levels of our country . The third chapter points out that the fair use system is facing challenges. And it main elaborate from the specific conflict among the fair use system with the private copy, the temporary copy, the technical measures, the distance education, the digital library, the protection of the author's moral rights. The fourth chapter gives the legislative proposals about how to prefect our fair use system under the network conditions. I suggests that our copyright law should absorb the reasonable part of the factorism and the rulerism, take the four elements theory of the American as the basic principles of the judgement about the fair use system. at the same time, for some difficult issues , I also give some specific suggestion about how to coordinate the fair use system with the private copy, temporary copy, technical measures, distance education, digital library as well as protect the moral right of authors in order for our judge to use .