The Theory Of Copyright Fair Use System Under The Network Environment

From the birth of the copyright law, there is a conflict of interests among the authors, the communicators and the public. In order to balance the benefits, the copyright law established the fair use system. This system has been generally recognized by the international copyright conventions and national copyright legislation, however, with the development of modern network technology, the traditional fair use system has been impacted. Whether the fair use can be continued under the network environment is a controversial topic. Under the network environment, the fair use system still has the necessity of existence, but in order to adapt to the development of the network technology, and balance the benefits among the authors, the communicators and the pubic more effectively, we should adjust the traditional fair use system, such as changing the closed legislation mode, improving the specific rules of the fair use etc.This paper mainly uses the method of comparative analysis, and references the related academic papers and books. In the paper, it’s addressed the problems of the fair use system faced under the network environment, and how to improve the system.In the first part of the paper, the writer summarizes the fair use system, introduces the fair use’s history, and its concept, nature as well as its theoretical basis.The second part is about the impacts the digital technology on the traditional fair use system. In this paper, the writer discourses the impacts from two aspects, one hand is the range of fair use is getting narrowly; the other hand is the impact of the judging standard suffering. Then the writer expounds the necessity of the fair use in the network environment.In the third part of the paper, the writer introduces the development of the fair use system under the network environment. Firstly, the writer introduces the provisions of the international copyright conventions and national copyright legislation on fair use. Then introduces the regulations on the work of several typical behavior under the network environment. In the fourth part of the paper, the writer introduces the deficiency and improvement of Chinese fair use system under the network environment. For the deficiency of Chinese fair use system, the author introduces from the legislative mode and the provisions on fair use. Then the writer makes a brief assessment of the "Copyright Law" third revised draft To improve the fair use system of China, the author think we can take the following measures:firstly, we should adhere to the principle of balance of interests, secondly, we should adjust our country’s legislation pattern about the provisions of the fair use system, thirdly, we can properly introducing statutory license system, and then to improve the provisions of the fair use system in Chinese legislation, finally to ensure the procedural justice in the process of amending the law about the fair use.