Judicial Development Of Fair Use System Under The Internet Environment

In copyright law, allowing others to freely use under the protection of copyright works under certain conditions, without the consent of the consent of the relevant rights of people, also do not need to pay the condition called rational use. Fair use system of copyright is a legal system to limit copyright power, it is generally accepted all over the world, traditional environment and public works of the contradiction between the right to obtain the effective adjustment, but in the network environment of the fair use system, produce conflict with science and technology rapid development, damage the mechanism of balancing of interests of the original. Therefore, if you want to conform to the development trend of the times, it is necessary to improve the fair use of copyright system, make it continue to play between the regulation of copyright owners, users and disseminator of the interests of the role, so as to promote the progress of social civilization. Therefore, in the network environment of copyright fair use system research, analyzes the existing main problems and also to be perfect, has great theoretical value and practical significance to improve rational use system under the network environment in China copyright.This paper is divided into three parts: the first part mainly introduces the problem of the copyright under the network environment, the basic contents and principles of law and other legal basis and the contents of the fair use system; the second part is the case analysis, mainly for the world’s attention, the network copyright case, such as Google’s digital library, USA case Napster case, and China in recent years, representative of the network copyright case, the current situation by explanation and case analysis to interpret the network environment copyright. The third part is the proposed countermeasures to improve the system of rational use of network, to learn from three elements of the rational use of American to make suggestions as to the legal system of our country.