Probe Of The Rational Use Of The System Under Network Environment

The system of fair use is confronted with new challenges in the network environment as the application of the internet has aroused the imbalance of benefits between copyright owners and the public who use their works. This thesis starts from several typical and concrete occupation modes of the works so as to analyze and demonstrate them in details. The author considers that it is necessary and urgent to ascertain new contents and extension of fair use system and set up a new standard on fair use in order to adapt to the network environment and to build a new balance between copyright owners and users. At the end of this thesis, the author proposes some suggestions to further perfect the legislation on fair use system.In the first chapter, the author introduces the concept, constitutive elements and the legal essence of fair use;The second chapter is about the evolvement and status quo of the standard on fair use, involving the three aspects of international treaty, foreign legislation and domestic legislation. In the second half part, the author puts emphasis upon the influence on the judging standard of fair use brought by the Internet;In the third chapter, the author discusses and demonstrates the difference between torts and fair use while using works in such ways as republishing an article on a website, setting up a web-link, long-distance education, digital library, downloading musical works and so on;In the last chapter, the author proposes some legislative suggestions on establishment and perfection of the fair use system, including legislative principles, concrete legal suggestions and new legal systems.