The Construction Of The Mechanism Of Balancing Interests In Copyright Law In Network Environment

After 20th century, the science and technology is rapidly developing. The balance of interests is controversial in traditional copyright law when it faces to the challenge of internet. When it has a fierce battle between public interest and individual rights over fair use, we cannot find a truth. The questions of fair use had a shock for the balance of interests in the traditional copyright law. How should we understand the balance of interests in the traditional copyright law in the network environment? We have to find the idea of fair use between public interest and individual rights in the disputation of philosophy and economics and history. China has its unique historical process and become a unique mechanism in our copyright laws. In the conditions, it is a question how to definite the area of fair use in China? China should choose to maximum the interests of fair use idea based on the conditions of China. Therefore, the fair use of China cannot go too far like the developed countries, so it is consistent with the minimums standards under international treaties.This article is divided into four parts:Part one:The mechanisms of the balancing interests in traditional copyright law. In this section, the author will give a comprehensive introduction to the main content of the balance of interests in traditional copyright law.Part two:The impact of the mechanisms of the balancing interests in network. The author will introduce the impact of internet on it.Part three:The multi-dimensional interpretation of the mechanisms of the balancing interests under network environment. In this section, the author will analyze all idea of fair use through a variety of methods.Part four:The construction the mechanisms of the balancing interests in china under network environment. The author will select the balance of interests for our country. At last, we will make legal rules under the guidance of idea.