Copyright Fair Use System Research Network Environment

With the rapid development of science and technology, the network has spread to millions of households and become the biggest resource sharing platform for the exchanging and spreading of knowledge and information, it promote the progress of civilization and social development, but the network just like a double-edged sword witch bring convenience to the people, whereas highlights the serious lag of law in the new environment, particularly in the field of copyright law. Under the environment of digital technology, works are free to use and endlessly copied by uploading out of control, it's an infringement of the copyright owner's exclusive right. New manners of use exacerbates the impact of this, the network become the main sphere and the most difficult platform to control, coupled with the lag of our copyright law can not solve the existing problems in the practice of the field, thereby triggering a fierce debate on the fair use of the network environment. The research on this subject has great significance to compensate for the lack of theory and legislation in the new environment, improve the application of the fair use of the system in a network environment, and solve the problem of judicial practice. On the basic of study domestic and international laws, international treaties, and refer to the books and papers of the well-known scholars in the field of fair use, link to our network environment and social development, i carry on in-depth analysis of the Fair Use of Copyright in a network environment and make recommendations. This paper consists of five parts, the first part introduces the basic theory of fair use and the theory of fair use on network environment as proof of the rationality and necessity of the existing of fair use in network environment, it also show the value of this subject. The second part is the new manner of works in network environment, witch introduce and carry on legal definition of the network link, temporary copy, digital libraries, distance learning and microblogging. The third section describes the extra-territorial law to provide reasonable reference to the improvement of our fair use system. The fourth part analyzes the current situation and problems of fair use on our network environment legislation. The fifth part provide legislative proposals for the status quo and question of the fourth part as follows, combine the Essentialist with the legislative model, define the judging criteria of fair use in network environment, improve the enumerated rules of fair use in network environment, promote the legislation of technical measures...