Study On The Perfection Of The Fair Us In The In The Era Of Digital Copyright

Fair use system is the core of the system of copyright law,and it is also the focusof the research and development of the copyright law,it has been plagued by thecopyright industry from the birth of <Anna queen ordinance>,the whole CopyrightLaw is based on a kind of balance,fair using system is key of equilibrium of theessence which can produce result. Then in recent years,with the rapid development ofdigital technology,digital technology has brought great impact and challenges for fairuse system.The copyright owner through the technical measures,standard contractsand more convenient ways to change the provisions of the fair use system,squeezingthe space of fair use system very much in the era of digital copyright,where will thefair use go？How to perform the functions as a conditioner,balance the interest amongthe copyright owner,communicators and user.These issues make us have a fresh lookat this system,fair use system must change to adapt to the digital environment,then tosafeguard the legitimate interests of copyright owners and the public.This is thepurpose of the study of it.This paper is on the condition of the legislation behind of the fair use system onthe network environment,the main analysis is the legislation situation and defects ofthe fair use system of the copyright law in the era of digital copyright.For theproblems of the era of digital copyright brought to the fair use system,combined withforeign legislation and judicial practice,the author makes a number of suggestions for the improvement for the fair use system of the era of digital copyright.Discussesmainly from the four parts:The first part introduces a new challenge of the fair use system in the era ofdigital copyright.Revealing the nature of challenges of the digital technology is thatthe copyright owner can be more convenient to change the provisions of the fair usesystem through their own behavior,outstanding performance in the use of technicalmeasures and the use of standard contract.The second part specific analyzes the legislation situation and defects of the fairuse system of the copyright law in the era of digital copyright.With the developmentof internet,the fair use system encountered unprecedented difficulties.China is facedwith five defects currently:One is that the legislative model is a semi-closed andsemi-open.Two is that whether the temporary copy is the copy right faces a doubledilemma.Three is that the era of digital copyright makes the use of personal purposesof the traditional fair use areas face the plight of infringement.Four is that theextensive use of technical protection measures squeeze the scope of fair use.Five isthat the traditional fair use of the system is no longer applicable to the newenvironment of the digital library.The third part specific analyzes the guidelines in the improvement process inChina.I believe that China should introduce the three-step test because the three-steptest is not only the legislative guidelines but also the referee guidelines.Only clear theguidelines for the process of improvement,in order to better improve the specificcriteria for the various changes of the digital age.The fourth part mainly makes a number of suggestions for improvement for thespecific rules of the fair use system of the era of digital copyright.The fair use systemhas many defects of the specific rules in China in the digital environment,based on thesecond part of the analysis of defects in the era of digital copyright,the author believethat our country should improve the specific rules.