The Rational Use Of The Network Works System

As we know, Internet is more and more important to us. It both make our life rich and varied, and promote the development an exchange of the world. But we must realize, that Internet bring us not only convenience, but also a lot of problems with law. Especially , the contradiction between Internet and fair use in Copyright Act, is always one of the point at issue. The author make the distance education as example, try to analyse the problem with fair use under Internet circumstance, because the distance education is an universal way to use Internet by the public. But, it must face to same problem with fair use as the other Internet works, meanwhile, the law about distance education is not enough. For these reasons, the analysis about the distance education and fair use is helpful to the practice.The author use the way of the comparative method, the inductive method, and the deductive method to write the article. On the basis of combination from the law of our country and foreign country, the author research the following points: the difference of fair use between the distance education and traditional education;the new problem with fair use of distance education, especially the problem with temporary reproduction, and technological protection measure. The author think, the distance education is although a new education way with Internet, but it doesn' t change the essence of" education" , and copyrighter can also use the technological protection measure to control the copy. So, the distance education, including temporary reproduction, that is a special exception from Copyright, can reach the standard of fair use in Copyright Act.But, the distance education is different to the traditional education. Man can find a lot of new contradictions from this new education, thataffect the using of fair use. Such as the education organization, the choice of teaching material, and the using of technological protection measure. From the essence of fair use, the education organization must be accredited nonprofit institution, the government should formulate the accredited nonprofit institution standard and examination plan. Because of the quick dissemination by Internet, if the teacher not pay attention to the choice and using of teaching material, the copyrighter must have more loss. For this reason, the teacher can only choose a little and fair teaching material. In order to reach this request, man can use technological protection measure. The technological protection measure is the biggest problem among the lot of problems with Internet fair use, but the Act about this problem is too unclearly in our country . So, the author analyse the technological protection measure from the classification, advantages and disadvantages of the Act about it in our country and in foreign country. At last, the author make some suggestions to improve the fair use in Copyright Act under Internet circumstance, and how using the technological protection measure to control the copy, teaching material, and so on in distance education.