Internet Age Fair Use Of Copyright Research

The fast development of computer and Internet technology since 1990s has post a great threaten to the traditional copyright system. The way and scope of works' use have been largely increased, which brings about imbalance of relationship between interests of copyright holders and the public. It is a hot topic whether the traditional copyright system should be remained or adjusted under Internet. Some experts even believe that it will directly affect the success of the whole Internet business if the problem of fair use cannot be effectively dealt with to keep such balance. Therefore it is highly necessary to study the fair use system under Internet.The development of fair use is linked to the step of technology popularization. Generally speaking, nearly every country recognizes fair use, but the limit is not the same in developed and developing countries. In developed countries, fair use is in the face of threat from photocopying tax and recording tax. While in developing countries, the limit of fair use is less due to the level of the technology and economic development.Now severe threats are posed on fair use by Internet technology. These threats include, (1) Internet technology can facilitates copying and the scope of the traditional fair use may be smaller; (2) It will hurt authors' activity if fair use is remained under Internet; (3) It will bring about negative effects on electronic copyright trade.However, there are still strong and sufficient reasons for fair use to remain an important part of the copyright system under Internet. Fair use itself can overcome the defects of Internet technology. (1) Internet does not undermine fair use; (2) Fair use plays an important part in promoting the creation of literary works and facilitating the realization of authors' economic interests; (3) Fair use is vital for the protection of human rights and improvement of social culture.New technology is not the tomb of fair use. The traditional fair use system should be restructured to protect copyright holders' interests as well as the reasonable rights of the common public. In the international copyright circle, the following restructuring methods are suggested: (1) waive of fair use; (2) statutory license; (3) combination of fair use and technology protection. The author believes that the second method and the third method should be considered under Internet.