Study On Fair Use System Of Copyright In Digital Technology Era

Digital technology is a remarkable progress! It gives unprecedented power ofinformation processing ability to human beings, but also completely changed theecological chain of traditional copyright law from creation, copy and then issue.Digital technology is no longer the traditional sense of copy and spread, butinformation delivery completely free from physical carrier. Fair use system in the newtechnological environment produces a lot of inadaptability. In order to meet the needsof the development of digital technology advances, the balance point should berepositioned by modifying the Copyright law, and the balance spirit of traditionalcopyright law should be continued. The idea of writing this thesis is to advocate fairuse system under a premise of balance spirit. Apart from the introduction andconclusion, this thesis is divided into four chapters.The first chapter analyzes the development of the fair use system of copyright,the value of law and other basic theoretical issues.The second chapter analyzes affects of digital technology on the fair use systemof copyrights. Without the technical obstacle of fixing the work content to preventothers from copying, infringement becomes easier. Boundaries between fair use andinfringement blur, which is a complex predicament.The third chapter discusses the criterion of fairity of the fair use of in abstractway. the "three-step test" and "four elements method" are suggested to introduce toform the criteria of fair use.The fourth chapter discusses the design issue of the fair use system in specificlevel. taking into account our not yet mature copyright industry, the range of fair useshould be moderately narrowed, to provide the necessary economic incentives for thedevelopment of the copyright industry.