Network Environment Under The Fair Use Of Copyright

Based on the value orientation of the law of copyright, which is the spirit of balance, the author of this thesis analyzed the structure and characteristics of cyber space, studied the existence and publicizing of the works in cyber space and revealed that the balance shaped by the current fair use system in the traditional environment must be broken; moreover, the author described the changes of the copyright of works in cyber space, analyzed the rights of digitalization, copy and transportation, and depicted that the new right claim broke the previous balance; subsequently, pay attention to the technique protection right of the work, analyze the measure of technique protection and the main provisions of different countries, therefore, the fair use space was compressed and the balance was further broke; furthermore, the author discussed the fair use of the works in cyberspace, especially the three patterns of personal use, online education and digital library. So the traditional fair use encountered the new suspect in cyberspace; finally, the author analyzed the legislation background of the law of copyright and put forward the further analysis and suggestion to the current provision of the our country. The author believed that, along with the development of the study, the regulation of fair use would become more and more salient. In the conflicts and real location of different benefits, the fair use system would promote the formation of the new balance.