The Study On General Provisions Of Network Copyright Fair Use

The general provision of Network copyright fair use is a kind of existing form ofthe traditional general provisions of copyright fair use in the digital network environment.The nature of the general provision makes it more flexible and adaptable to the digitalnetwork environment. The digital network technology reacts on the general provisionand provides it with the spirit of times. To adapt some new problems in the network era,the traditional general provision also makes a few necessary adjustments andreconstructions based on the network reality.Part one mainly introduces the fundamental concepts of the general provision ofNetwork copyright fair use and clarifies the differences with other similar concepts. Fromwhatever two angles---legal value or practical value, the general provision has necessaryvalue to the network copyright fair use. Especially about those continental law systemstates adopted close-list mode, introducing the general provision is more meaningful toovercome the inherent limitations of fair use system.Part two emphasizes on present legal situation of the general provision of Networkcopyright fair use by using comparative legal. The development and changes of tworepresentative legal modes, Sec.107and international copyright organization, indicatesthat influenced and driven by advanced technology in network digital era, the generalprovision of Network copyright fair use inclines to proliferate cross-region and cross-lawsystem.Part three mainly introduces and analyzes three application problems of the generalprovision of Network copyright fair use as follow. The first is that network digitalmeasures continue blowing to fair use system. Under such circumstance only to set upfair use right could guarantee fair use system at work. The second is that the existingcriterions of fair use lag behind network reality environment and judicial practice in China.Thus, it is necessary to respect the characters of network technology and nationalcondition, and build new fair use criterions and applicable methods to suit the networked digital environment. The third is that there exists congenital defect that the traditional fairuse system is designed to make authors or judges as main subject. I argue that we shouldthink from the nature of fair use, learn from existing experience, and give priority bodywith users to design a series of corresponding codes of best practices in fair use. Theabove three problems contain the same elements in the Network copyright fair use system:fair use right, new fair use criterions and the codes of best practices in fair use. Thegeneral provision not only acts as countermeasure, but also builds up three main functionsin the general provision of Network copyright fair use.Part four mainly makes proposals on constructing the general provision of Networkcopyright fair use in China. The process of the introduction of Network copyright fair usesystem and general provision is exceedingly tortuous and regret is still inevitable. Chinahas to walk a long way to promote the network copyright legislation. One of the mostfeasible way is to construct a new general provision of Network copyright fair use thatadapts to the domestic digital network environment on the foundation of the threeelements above.