| Fair Use takes place a crucial part in the fundamental theories of copyright law. In the past, traditional system of Fair Use well adjusted the interest confliction between copyright owners and the public, enhancing the copyright owner's exclusive rights protection and publication of resources peacefully remained in the copyright law. However, rapid progress on network technology crashes the traditional Fair Use system by unbalancing the former separate interests of each party. Therefore, it is necessary to construct a new interest balance system to adjust this temporary environment by adopting deep researches on Fair Use theories. It is also of good help for maturity our copyright law in the cyber environment to ensure the social development. This dissertation begins with fundamental theory and specific regulation study on Fair Use in the cyber times, analyzing the final purpose and destination of Fair Use from history and current condition study. Then from the perspective of the crash view, discussing on the newly coming characters and conditions concerning Fair Use and traditional copyright law, coming to the conclusion that it should be the better way to adjust the new digital environment by limited extending the scope of Fair Use. Meanwhile, there are some suggestions on this part in our cyber environment.There are four chapters as below: Chapter 1 introduces the history and current conditions of Fair Use, insisting the balance target and destiny of this system from the very beginning; Chapter 2 analyzes the crashes to traditional copyright law and Fair Use because of the digital cyber environment; Chapter 3 deeply researches the basic theoretical issues of Fair Use in cyber environment, with comments on different improvement theories and value system in the academic fields; Chapter 4 provides theoretical reasons and suggestions on rebuilding the Fair Use system, on the basis of clarifying the inner connections between interests and rights, social and legal aspect. Finally come to the conclusion of limited extending Fair Use in cyber space to better balance separate interests and maturity our copyright law on this area. |
