Thesis On The Fair Use Of Internet Copyright

The development of the network technology has brought us limitless convenience.At the same time，it has brought a huge challenge to the fair use system, especiallyunder the network environment. The fair use system is a very important part in thecopyright act. Its purpose and spirit is to balance the interests between creators、disseminators and users, and take the social and public interests into account whileprotecting the personal interests. The benefit of the copyright owners is in the basiccenter position, but the benefit of the disseminators and users should be taken intoaccount. The fair use with legitimacy and nonprofit is a right of the copyright owners.The definition on the nature of the fair use is in line with the theory of the user’sright.In face of the increasingly rampant network infringement, some scholars advocateabolishing the fair use system to make the internet go back to its earlier period ofliberalism. I think their view is wrong, because the fair use plays not only anirreplaceable role in the traditional copyright system but also an important positionunder the network environment. I think the existence of the fair use has its necessityand rationality whether we take it into consideration from the functional and culturalvalue or the jurisprudence and economics basis. Although there are many dangers inthe internet, the network indeed provides the fair use system with a greateropportunity. Under the network environment, the profit relationship is very intricatebetween creators、web-publishers and the social publics. Therefore we increasinglyneed to regulate the fair use system in order to standardize it.The development of the copyright is closely linked with the progress of the scienceand technology; nevertheless, with the application of the network technology, newchanges occurred in the copyright under the network environment. For instance, withthe advent of the copyright protected object---the network works, many other workshave been included in the protected field of the copyright law.New types of rightssuch as the right of the information network dissemination、the right of the copyrightinformation protection have enlarged their power ranges of the copyright owners. Utilizing ways of new works such as shared software、education on-line、digitallibrary and have brought new challenges to the internet. In order to safeguard theirlegitimate rights and benefits, creators have taken some technical measures to protecttheir works. And the technical protection measures will become the main methodsof.safeguarding their own rights from the trend of development. we should improvethe criteria of the fair use and strengthen the role of the collective managementsystem of the copyright on the basis of the principle of interest balance and publicinterest priority.