Copyright Under The Network Environment The Rational Use Of The System

Fair use is extremely important in the copyright law. The intention of the copyright requests it to bring honor to the balance spirit, and fair use takes balancing the benefit between the copyright owner and the social public as the objective since its birth and its development. The harmonious copyright benefits all members of different social classes, fair use is one of the most core important systems which realizes and maintains the harmonious copyright. The various countries copyright law experts emphasize the research and consummation of the system in order to get the best system to reconciles the copyright owner's and the social public's benefit, the developed countries' and developing countries' benefit.At the same time, fair use also puzzled us and easily to cause dispute. Fair use may say continuously has been puzzling us since it was created, what is fair use on earth? Is fair use the user's right or the limitation to the copyright owners? These elementary theories of fair use still have not got the conclusion. Moreover, the revolution of dissemination technology causes fair use to adjust unceasingly which makes us to understand it more difficult and hot the dispute. Specially, the impact on fair use caused by the revolution of the digital technology and the network communication technology is unprecedented, even produced completely two opposite views : one side believes there is no fair use in the network environment ,the other side thinks we can freely use the work created on the internet.In the initial period of network time, because law rules and regulations about it are after the time and the right protection consciousness is not strong, the internet is the heaven to pirates, when the copyright owner realized serious violation to their rights ,they began to make technical measures and network contract to protect themselves first, then sought to get the law force protection. Under the copyright owner special interest group's force advancement, copyright owner's benefit obtained unprecedented expansion, the social public's fair use space reduced gradually. This paper is to analyze the unreasonable doings of the overcorrecting with the purpose to protect society public's benefit better.This paper consists of four parts besides preface and conclusion.