Legal Research On The Fair Use Of Internet Copyright

The fair use of the copyright system, called the sphinx mysteries, has been trying to balance the interest of the copyright owner, the spreader and the user of the works. With the fair use of the system,people can more conveniently close to the works. However,during the Internet era, with the development of technology, the constantly changing system of fair use encountered a problem.On the one hand, the rapid transmission of information on the network and no regional sharing of knowledge has resulted in a anarchic chaos scene-work users enjoy extensive freedom but the rights of the copyright owner can be used easily and illegally. On the other hand, because the copyright owner show more and more exclusive worries to his works and implement technical measures, people have no access to the works without the authorization of the copyright owner. Every use of the work is subject to regulation and all the rights or at least most of the rights of the copyright owner, have been retained or reserved Network infringement and abuse of the works appears everywhere, the existence of fair use of internet copyright be questioned and the development of fair use of internet copyright has been overshadowed.Facing the impacts and challenges of science and technology under the network environment, using comparison conclusion and reasoning analysis, the author probes into the spiritual core,explores the nature and defines the meaning of fair use of internet copyright from a historical perspective. And he also analyzes the necessity of fair use of internet copyright from the angle of Constitution,economics,jurisprudence. At the same time, Learning from the best practices of advanced countries around the world and finding our own defects, the author advises that we should exclude the negative impact of the network and expand the scope of fair use. And we should perfect fair use system from the legislative model, the rationality of fair use standards,technical measures on legislation.Meanwhile,public contributions to the copyright system and knowledge-sharing system,which may have a significant impact on the development of fair use of internet copyright,should have a further development in our country.