Copyright Individual Fair Use Of Legal Issues Research Under The Network Environment

Personal fair use is one of the particular cases of twelve kinds of rights restrictions which were recognized and protected by the copyright laws. In the ecological system of copyright, it plays an important personal value to promote people’s access to information and free use of it and promote individual autonomy and achieve better self development. At the same time, it plays an important public value to promote the long-term spread in society and promote cultural exchanges and social progress and prosperity. With the rapid development of the Internet and digital technology, diversification of the type of work and the way people use also will lead to the expansion of copyright. At this time, the personal fair use system which is the protective umbrella of personal fair use shows a trend of closed patterns in legislation at home and abroad. Technological protection measures, format network protocols and the legal issues at home and abroad, compress the traditional copyright law to give a reasonable space to personal fair use. These will undoubtedly increase the difficulty of the operation of judicial practice by the judge in the future. Return to many difficulties faced by personal fair use under the network environment, we need to reposition and accurate interpret it so that we can find out a way out with Chinese characteristics. Following the mentality, this paper consists of the following five parts. Part I: Introduction. Combined with literature review, describe the research background and significance, research objectives and methods, overseas and domestic research status, research content and innovations. Part II: Legislation and value investigation of the personal fair use. After investigate the international treaty, EU 2001/29/EC directives and the representative national copyright legislation, clarify the development path and legislative status of the personal use, explore the public and personal value of personal use and lay the groundwork for the personal fair use in the copyright of ecological balance. Mainly solve the problem where the personal fair use is from. Part III: Interpretation of the personal fair use under the network environment. Based on the particularity of network environment, discuss the theoretical necessity of the existence of personal fair use from three aspects of the philosophy of law, economics and the constitutional law. Then resolve the private use, personal copy, deductive behavior and temporary copy. Later, do a legal analysis on the terms of personal fair use in order to define the concept of personal fair use. Mainly to solve the problem of what the personal fair use is. Part IV: Dilemma of the personal fair use under network environment. With the rapid development of the Internet and digital technology, the copyright law has a huge impact and challenge. Besides, China has a wrong reference to the legislative model of personal fair use system. Under the influence of these two major premises, copyright owner intervene through the technical protection measures and the formatted license agreement. At the same time, international temporary copy is under over extension in the law and the liability body of the network tort is transferred, coupled with the current legislative defects of personal fair use in our country, many of these lead to existing space reduction of personal fair use in our country and seriously damage the principle of interests balance in copyright law. Mainly solve the problem about how the personal fair use is. Part V: Outlet of the personal fair use under network environment. About the reduced personal fair use in the space of network environment, point out the future outlet from three aspects of the legal, private power and technology. Outlet I: Improve the legal system. Based on the particularity of the network environment, must adjust the legislative models of rational use, standardize and clear the terms of personal fair use, prevent over-extending of the temporary copy in our country, and investigate the common tort liability of the network service provider; Outlet II: establish additional protection mechanisms. Try the innovation of business model, reduce the technical protection standards and temporarily suspend the trial of the copyright compensation system; Outlet III: Stick to the principle of technological neutrality in order to ensure the future long-term development of personal fair use under network environment. Mainly solve the problem where the personal fair use goes.