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

The essence of the system is to coordinate the interests of the copyright, in order to balance the distribution of benefits among authors, disseminators and users, creating a system of fair use laws. By principled criteria and specific types of lists, the rational use of the system in a reasonable distinction between behavior and the use of tort has played an irreplaceable role. As a superstructure of fair use system, its evolution has been accompanied by technological development, formed in the traditional system of reasonable user environment in a network environment by the unprecedented impact and challenges, some scholars have suggested that the abolition of the system. Article background rational use of its system by the impact of the sort, on this basis, the use of the law, and the history of economic analysis, demonstrated that the system should continue to exist legitimacy, and to explore the network environment how the system should be reconstructed in order for our country, "Copyright Law" and the third revision of benefit. Articles from three parts of the network environment and reasonable use of the system were demonstrated.The first part discusses the impact on the rational use of network technology system. First, the network environment and network copyrights were defined for the study laid the environmental foundation, the research component is also derived the specific issues later to be studied; on the basis of a historical perspective of the background of the rational use of the system discusses the generation and development of print and electronic age of the system, defining the meaning and nature of the rational use of the system, based on the results of the reason is that the impact of the development of communication technology; secondly, to explore the rational use of the system under the network environment by the impact of specific forms, demonstrates the impact of the essence is to balance the interests of the foundation shaken, is to discuss the impact of the abolition of the system.The second part analyzes the network environment using the system survives rational justification. First, subsisting on the abolition of the views of the sort that the system is still under the network environment has existed legitimacy. Logical reasoning, the first reason is the abolition of the scholars to refute, and from the second horizontal comparison of the fatigue limit current system, again and from the perspective of the basic theory of legal philosophy, constitutional and legal economics of legitimacy were full argument, and finally the value of the system from the perspective of the balance of interests did finally agree that the system is still the need to come to exist.The third part of the multiple aspects of the network environment fair use system reconstruction carried out system design. First, in the tradition of subjective judgment based on the increase of standards and objective criteria; Secondly, the need to expand the scope of fair use under the network environment suitable system; Finally, China’s "Copyright Law" the third revision of the repair method analyzes the direction and priorities also analyzes the positive significance of amending the law and shortcomings put forward their views, provide recommendations for amending the law.