Network Environment, Fair Use Of Copyright System

Fair use refers to use other people's copyright works based on the legitimate purpose without copyright owner's authority and without compensation. Fair use system is one of the most important contents in copyright law, which plays an indispensable role in regulating the balance of interests between copyright owners and the public. And it is generally recognized by modern copyright law. At the same time, the fair use system is a controversial rule in practice and theoretical study.As we all know, copyright is created after the emergence of the printing and is developed with the continuous progress of science and technology development. With the extensive use of audio and video recording, wired and wireless communication technologies, the object of copyright is expanding. Network technology, which is combined by computer technology and communications technology after the 1990s, has brought unprecedented challenges to the copyright system. On the one hand, with the emergence of the information network propagating right and the extensive use of technical measures, information of rights management, network contract, the rights of copyright owner are expanding. On the other hand, with emergence of new ways of using works, such as web browsing, web links, temporary reproduction, digital libraries, distance learning, rules of the fair use system is becoming useless. Re-constructing the fair use in the network environment is imperative. Comparative study is used in this paper. Advices on how to construct the fair use system in the network environment is also put forward on the basis of full reference to national legislation and international treaties.This paper is divided into four parts as a whole besides the preface and conclusion.The first part firstly introduces the origin and development of fair use in the copyright system in the case law. Secondly, it introduces the three legislative system models on fair use in national legislation and international conventions, whose causes, respective advantages and disadvantages are then analyzed. The second part of this paper is mainly about challenges which the fair use system is facing in the network environment. Firstly, it introduces the digital technology, which is the basis of network technology. The nature of digital works is also discussed here. Secondly ,it introduce the expansion of copyright rights in the network environment: the information network propagating right allows the copyright holders to control the dissemination of works in the network environment; technical measures make many works in the public field for a long time controlled by copyright holders, besides preventing the illegal invasion, and the opportunity that public contacts works drops significantly; information of rights management brings technical obstacles in transmission of signals by radio and television organizations and in the protection of personal privacy; network contract leads to the lack of access to works for public even on the purpose of fair use ,such as a small amount of copy on personal purposes. Finally, in this part it depicts the challenges which the new ways of using works (such as web browsing, web links, temporary reproduction, digital libraries, and distances learning) bring to in the network environment: Whether unauthorized browsing infringement copyright? The dissemination of the information network works which is caused by network links without the permission of the copyright holders is considered a tort or fair use? Temporary reproduction which is generated in RAM of computer terminals in web browsing, as well as automatically reproduction which is generated temporarily in the computer systems of the intermediary service providers in the process of user's information transmission is considered a tort or fair use? Whether a large number of reproductions and dissemination of the works by digital library, which easily affect the economic interests of the copyright owner, is allowed by fair use system just as by traditional library? The use of other people's works in distance learning should be considered as statutory license or fair use?Facing of the challenges, the fair use system is to be or not to be? The third part of the paper firstly discusses the legal basis of the fair use system, and further discusses the necessity of it in the network environment. Then it comes to the conclusion: the value of the fair use system is beyond doubt. Facing the challenges of digital and network technology, as long as the value of justice and benefit in copyright system continues, the spirit of balancing of interests between the interests of copyright spirit will not change and the basis of the value of copyright system will go on. Finally, it proposes the direction of the development of fair use system in the network environment: on the one hand, the rights of copyright owners are growing in network environment, which not only restricts the legal right to use other people's works, but also sets up technical barriers for the public. Therefore, the legislation should expressly enumerate the conditions of fair use in the provisions. On the other hand, with new ways of using works emerging, the traditional rules become useless. Therefore, we should introduced criteria of fairness just as USA in the legislation to let judges in the judicial practice use flexibly in order to meet the evolving development of the new ways of using works. Thus, to expand of the "rules" of the fair use and to re-interpret of the traditional "criteria" of fair use are the direction of development of fair use system.In accordance with the third part ,partⅣare mainly about the "principle", "rules" and "criteria" in construction of the fair use system in the network environment. Firstly, it points that construction of the fair use system in the network environment must be guided by the principles of balancing of interests ,which calls for giving priority to the public interest. Then it followed by the recommendations of introducing the eclecticism legislative model. Thirdly, it discusses the "rules" and "factors" in detail. By analyzing of China's the existing legislation about the information network propagating right, technical measures, information of rights management, network contract, it points out the inadequacy and then gives few advices on how to further improve it. It also re-interpret the criteria of fair use of USA, considering the specific network environment, and finally makes a specific analysis by using the criteria in network links, temporary reproduction, digital libraries and distance learning.