The Research On Network Copyright Fair Use System

Fair use system is an important system in the field of copyright. It is a guarantee to protect the use of the others who except for the author. Fair use has the importance of balancing the tripartite interests among authors, users and the public. It embodies the inner balance spiritual connotation of the copyright law. Copyright fair use system has experienced a long history of development, and each update of technology has prompted the adjustment of the law, the adjustment of the law can also promote the development of technology in turn. Now, with network technology penetrating into every corner of public life, network copyright comes into being. Fair use system encounters new circumstances such as web browsing, temporarily copy, distance online education, digital libraries and technical protection measures. We should think: fair use system how to extend to the network? How to continue to play its role in balancing the interests among authors, users and the public? Whether it can deal with the impact and challenge of network technology bring to the existing legal regime?To study these questions, first we must define the basic contents of the network copyright fair use system including its conception and characteristics. Analyze the challenges of network copyright fair use system combined with the particularity of network technology. Then discuss the legislation status on internet copyright fair use system of domestic and foreign, identify defects in our laws by the method of comparative analysis. Finally, according to the research, this paper proposes recommendations about legislative model and criteria of the network copyright fair use system, and gives some specific recommendations for the web browsing, temporary copy, distance online education and digital libraries, as well as technical protection measures.