Fair Use Of Copyright In The Network Environment

The development of new technology in information society has provided a guarantee means for copyright, copyright owners can no longer rely only on the legal independence to defend their rights in space, which is essentially a compression of the limitations and exceptions to rights, which affect the fair use system of copyright seriously. In the digital environment, many of the works by the upload is out of control, which is a serious violation of the exclusive right, On the one hand,The endlessly emerge of many new use way has more accentuated this effect, which make the network become the most difficult and the most complex platform. In addition,the copyright law in our country lags behind in the field,which can not solve the problems that exist in practice, and thus triggered a fierce debate between fair use in the network environment; on the other hand, throughout the history of development, the previous results of technological development is a threat to the interests of the copyright owner, so it needs to use legal means to expand protection of copyright rights scope, but the development of technology on the exercise of copyright caused some threats at the same time, which also provides the guarantee means to the copyright, leading to more and more property right of the copyright fair use system and cease to exist except in name. In this context, How to cope with the challenges of new technology? What changes should be made for Fair use system of copyright to ensure that users can still benefit from this system in the network environment? In this paper, Be based on the above questions, according to the current third times amended copyright law of China,which related problems existing in the process of development, and combined with the recent relevant international treaties and some countries and regions in the copyright system, What should be done to make the Fair use of copyright system adapting to the new environment, and solving new problems,the conflict of interest between the better regulation of copyright holders and users of works. This paper consists of five parts.The rational use of the first part introduces the basic theory of fair use of copyright and in the network environment of copyright fair use of copyright, including the concept, nature, history, legal basis; in the network environment copyright new characteristics and rational use of the "rational" change, this part will lay the theoretical foundation for the study on the part of the back. The second part discusses the copyright under the network environment, the rational use of various challenge to the system, mainly discusses from three aspects, the foundation of the system of rational use of information society under the background of copyright to shake, and copyright power expansion, the network era model is used on the impact and shock, resulting in copyright fair use system suffers hitherto unknown challenge and exclusion. The third part of the fair use system of copyright exists in theory, theory of abolishment and surviving on two kinds of extreme opinions discussed, further demonstrates the necessity and practice the system existence under the network environment is feasible, and show that this topic research value. The fourth part introduces the application of this system in network environment based on the necessity of undertaking above on the fair use of copyright system facing challenge and existence and rationality analysis, namely the international conventions and national laws and regulations to pass legislation to deal with the challenges, to solve the crisis, providing reference for the perfection of our country in detail below fair use system of copyright. The fifth part mainly aims at the defects of our country under the environment of network copyright fair use system of the existing problems and shortcomings, puts forward suggestions for further improvement.