The Study On The Fair Use Of Copyright In The Cyberspace

The fair use of copyright can be realized under the control of certain range, which is asystem that using other’s works without paying and being allowed by the owner ofcopyright under fair, legal and reasonable conditions. The protection of copyright is animportant part of intellectual property right protection, which contributes to literaturecopyright protection and technical innovation. With the advance of science andtechnology, network has gradually grown into people’s life, and the copyright protectionsystem also has extended from traditional level to network area. Copyright protectionsystem in cyber space has bought new challenge for copyright protection as well as newdevelopment opportunities. Therefore, how to protect the copyright in cyber space is adifficult problem we are confronted with, especially how to balance the interests betweenauthor, communicator and publisher, which are the ultimate goal of Copyright Law.Promoting the development of literature and art and the progress of science andtechnology through the balancing of interests is the value of copyright rational usesystem. On the basis of analyzing the copyright rational use system in cyber space andlearning foreign experience, this paper discussed the deficient using of it and put forwardthe corresponding countermeasures for further.Through analyzing the present problems of copyright protection and relatedconcepts，this paper provides the basis for the study of the copyright rational use systemin cyber space; Meanwhile, provides reference for China by comparing and commentingprovisions on the protection of intellectual property in cyber space of America andEuropean Union. The final aim of this paper is to find a way for the protection ofcopyright in cyber space, which is also a major innovation of this paper.