On The Fair Use System Of Copyright In Networked Environment

The value of copyright system is to encourage the creation, transmission and using ofcultural and artistic works. The Copyright Law protects not only the right of authors butalso the interests of users. The fair use system of traditional Copyright Law keeps both theauthors and the users' interests in a stable equilibrium state after a long-term development.However, the development and application of digital network technology has broken thiskind of balance, so the rational use system must keep pace with the times. On the one hand,some cases which used belong to the fair use of traditional Copyright Law, due to technicaland economic reasons, the 'rationality' foundation disappeared; On the other hand, withthe expansion of copyright, especially technical measures were incorporated into the scopeof copyright protection, the application space of rational use of traditional Copyright Lawwere severely squeezed. According to the relevant international treaties and the latestdevelopment of Copyright Law in some countries and regions, this paper is based on thetransmission of digital works and the effect of using measures, and the author did aresearch in allusion to the phenomenon of copyright expansion in web-based transmissioncontext. The purpose of this paper is to study how to use network communicationtechnology on rational use of traditional Copyright Law, and give some suggestions onfurther development of rational use of Copyright Law in China.The whole paper can be divided into four parts.The first part firstly gives a brief introduction on the development, the value of lawand the judgment standards of traditional fair use system of copyright, and then analysisand researches the challenges which fair use system faced on the web-based transmissioncontext. The first parts set a foundation for the following parts. The second sectiondiscusses the achievements which relevant countries and international organizations gotduring the process of solving the issue of fair use problems on the web-based transmissioncontext. After introducing the world intellectual property organization, the United States and the European Union's discussion, suggestion and legislation on this issue,the articlemainly discusses three situations which are relevant to the Information Transmission Right,including personal use, distance education and digital library. The third chapter talks abouttechnique measures which affect the use of works in the networked environment, and thefair use problems which are relevant to technique measures. The last chapter focus on thepredicament which faced by Chinese in the web-based transmission context. Meanwhile, italso analysis the relevant contents about the Regulation of Information Network SpreadingRight protection. At last, the author puts forward some suggestions for improvement.