Research Of Network Copyright Fair Use System

Premier Wen Jiabao once described the overall development of intellectual property in the State's position, he said:"The world's future competition is the competition of intellectual property rights". The fair use system in the copyright law is "Sphinx" in the field of copyright law, because it is regarded as a compass dividing the terminal of the copyright owners'right and the starting—oint of the exclusive right of public access to works. As the deep-level network technology continues to develop, the traditional system of copyright fair use is facing unprecedented difficulties and challenges, such as the balance of interests is challenged, faced with public and private interest conflict. And the criteria for determining fair use and the use of the range is under attack. Therefore, the construction and improvement of the network has become the copyright fair use out of response to this challenge and the inevitable trend of this dilemma. And this construction and improvement of the environment for the norms of intellectual property rights in the network competition is particularly urgent. Therefore, we should make a research of fair use system in the copyright law, which is represented by the right of network information dissemination. And we also should study the situation and problems of rational use of net-copyright law and improve the situation. This has a great theoretical and practical significance to construction and improvement of the network copyright in the field of the copyright fair use.The author of this paper gives these suggestions.Firstly, we discuss the impact and influnce of traditional fair use in copyright on which the network technique has impacted. Secondly, we study the rational use of the traditional copyright system of basic theory, and focuses on the theory of copyright fair use value and social value. Thirdly, we specially discuss the real problems and foreign experiences of fair use system in net copyright, and we point out function obstacles and existing value. Lastly, we bring up special countermeasures. These countermeasures conclude building and improving our network for the purpose of fair use of copyright, use situation and standards of fair use system in net copyright on the Internet from the norms of laws and regulations.