Research On The Fair Use Criteria In Net Era

To explain the criteria of fair use in net era, we have to confront the and challenge from internet and technology, also can not ignore the impact on the copyright works, the particularity of market scope, and the way of fair use. We should break the limitations of traditional expression of fair use criteria, extracting the most essential and most core factors hidden between the lines and form a more open principle of fair use judgment standard, so that we could adapt to the times.Therefore, under the background of the network environment, based on the value of fair use system objectives as the guidance, based on balance of interests between copyright owners and users demand, USES comparative analysis, case analysis and value analysis, from the perspective of jurisprudence, economics ‐ that is, the core issue of the rational use of the reasonable use of judgment standard, and put forward some legislative Suggestions.This article is composed of four chapters. The first chapter is mainly about the proper use of the traditional legislative cases. The second chapter is mainly about the network environment the challenges faced by the rational use of judgment standards, including the copyright expansion and technology protection measures. The third chapter considering the network environment as the background, from the purpose and nature, the nature of the work and use, the copyright owner of interests and the interests of the users get to the judging standard of fair use to interpret, and combined with the example demonstrated under the network environment, reinterpreted the necessity and feasibility of these factors. The last chapter according to the subjective and objective, the distinction between inside and outside, from the use of alternative, the alternative and market value of the work itself value alternative to expand on the three aspects of the rationality of the use of behavior analysis, draws the conclusion of this article, including legislation shall be incorporated of fair us, which is composed of three "alternative" judgment standard, to increase the rational use of new type, and to further improve the existing legislation suggestions.