The Dilemma And Solution Of The Copyright Fair Use In Cloud Computing Environment

The fair use of copyright, as the most widely-used restriction system, plays anirreplaceable role in the field. The conflict between the copyright and its fair use system isinevitable since the former is a privilege through which men’s patterns of behavior arerestricted by law and the latter is a legal mechanism constraining the privilege.The copyright has been colliding with its fair use system. With the emergence and thedevelopment of cloud computing, it has gone through a big change both in the protectionand application patterns of copyright. Thus, the fair use system of copyright under cloudcomputing environment has become the focus at present. According to the specificity ofcloud computing, reasonable adjustments need to be made in the fair use system on thebasis of changing circumstances. In order to fundamentally solve the fair use problems ofcopyright under cloud computing environment, we need firstly focus on the path breakoutproblem of fair use system, for instance, what is the meaning of copy under cloudcomputing environment, how to define criteria for the fair use, and how to identify “thepublic”. Only by thorough understanding and comprehension of the above questions canwe get out of the dilemma. Meanwhile, solutions must be presented both based onsituations of China and through learning from the foreign advanced legislation andjudicatory practice. The paper put forward the effective solutions of the fair use system ofcopyright under cloud computing environment grounded on analysis of different mainbodies, viewing the principle of profits measure as the basis, considering the legislativetheory and explanation theory as the solvent, as well as taking the win-win situation of thewhole social subject as the essential purpose.