Research Of Personal Network Downloading In Fair Use System

In recent years，the phenomenon of acquiring works from the Internet bypeople becomes more and more normal with the development of digitalnetwork technology. This kind of Personal Network downloading is the maintype of private copying in the Internet age and it has brought strongimpact for the interest balancing mechanism between copyright owner anduser which was built by traditional fair use system. In addition,traditional fair use system could not solve the problem of how to defineand regulate the behavior of Personal Network downloading. Therefore,this article tries to analyses the challenge traditional fair use systemfaces with that brought by Personal Network downloading, then discussesthe regulations about fair use which relative to Personal Networkdownloading. Afterwards, this article will refer to some InternationalConvention，foreign law and precedents in order to get some enlightenment.Eventually, this article will find methods to improve fair use system ofcopyright in the Internet age. The article is divided into4parts.Part one is mainly about the challenge traditional fair use system faceswhich brought by Personal Network downloading. Personal Networkdownloading is a new type of works utilization. And traditional fair usesystem has been established for many years. It could not foresee this kindof revolution of works utilization. So it can not respond to the questioneffectively. It is helpful to understand the dilemma which traditionalfair use system faces when it comes to judge Personal Network downloadingby analyzing the modes and characteristics of Personal Networkdownloading.Part two focuses on the regulations in our country about fair use which relative to Personal Network downloading. At present, there are nospecialized regulations about fair use of Personal Network downloadingin our country. We can only find some clues from regulations which relativeto fair use. In order to help traditional fair use system respondseffectively to Personal Network downloading, we have to analyze theproblems in the regulations which about fair use.Part three focuses on some international experiences of fair use systemwhich relative to Personal Network downloading. It includes someInternational Conventions, foreign law and precedents that relevant tofair use of Personal Network downloading. We can acquire beneficialenlightenments form those above stuffs when we try to reconstruct our fairuse system.Part four is mainly about methods to improve fair use system which relevantto Personal Network downloading. In order to help judge whether PersonalNetwork downloading could be thought of fair use in our country’s fairuse system, there are some adaptations we have to make.