The Research Of China’s Fair Use System In Network Environment

The fair use system is an important part of the copyright system, plays an important rolein the balance of author’s benefits and the public benefits. The early fair use system onlystipulated the use of paper works, but with advances in technology, especially thedevelopment of computer technology, an increasingly important role the network plays insocial life. The spread of the work and the way of use work in the network environment isvastly difference with which in the traditional environment, so traditional fair use system havefaced a huge challenge. This article through adopt case leads to the topic, first described theconcept, value, characteristics of the fair use system; next analyze the specific challenge ofthe fair use in network environment, and then examining the provision of fair use system innetwork environment of the United States, European Union, Australia; the final throughcombine the foregoing analysis and comparisons, pose the lack of our country’s fair usesystem in networked environment, and put forward a sound proposal.This thesis is divided into four parts.Part: Introduction of case. This section through introduces and analyzes an informationnetwork propagating right dispute case, in order to point out the issue, which is the topic ofthis thesis: the fair use under the network environment.Part Ⅱ: Fair use system’s challenge in the network environment. The first to analyze theconcepts, values and characteristics of the fair use system, and then analyze the reasons forthe development of network technology affect the fair use system, and then explained theimpact embodied in four aspects.Part Ⅲ: Fair use system’s comparative study in network environment. This section,respectively, cited the U.S., EU, Australia’s provisions of the fair use system in networkedenvironment, in order to analyze the China’s deficiencies and improvement of the referencestandard for the next.Part Ⅳ: China’s lack of fair use system in network environment and improvement. Thissection first discusses the relevant provisions of China’s fair use system in networkenvironment. Discuss the lack is to find the improved way, that is, to imitate the United States’factors’ legislation to establish the China fair use three standards.