On Fair Use In Digital Library Context

The digital library plays a more and more important role in the modern information society along with the development of digital and network technology. However, in China, the imperfections of the fair use system crippled the function of digital library. Focusing on the value of the fair use in digital library context--balancing the interests between the copyright owner and the social public to promote the development of science and art, this article points out the challenges of the fair use system in digital library context, like as the rights expansion of copyright owners, the space narrowing of reasonable use and the vague judgment. Then, this thesis comes up with some suggestions that how to improve the fair use system under the environment of digital library in our country: the first, insisting on the principle of interest balance, and making sure the digital library’s legal status, the application condition, and the application scope of expanding fair use system; the second, using the judgment methods of American “The Four Elements”, and improving the legislative models and increasing judgment elements; at last, perfecting the supporting system of fair use, including the statutory license, in the hope of promoting the development of the digital library’s construction in China and finally to drive the social improvement and progress.