Research Of Fair Use System Of Copyright In The Network Environment

Fair use system of copyright is a legal system to safeguard the public interests to limit the copyright. Through this system, can let others under certain conditions, do not have to acquire the author’s consent, and also do not have to pay for the author to freely use the copyright works. Therefore, fair use system is also seen as a balancer to adjust the author’s individual interests and public’s interests. With the rapid progress of technology, especially the development of digital network technology, has brought great challenges to traditional copyright law, obviously, fair use system is also deeply affected.Because digital technology to make copy becomes economical, convenient, in addition network spread fast, wide, making work is easy to spread in the network, this not only violation of the author’s control of the work, but also to break the pattern of interests which the traditional fair use system has built. Therefore, where the fair use system can continue to apply to the network environment is a topic of concern. The author thinks that although there are differences in the network environment and the traditional environment, but this difference do not overthrow the theoretical foundation of fair use,particularly when in conflict with the author’s interests and user’s interests, the value of fair use system appears to be more important.In this paper, through the network environment to analysis the traditional fair use system to indicate the difficulty of fair use system applicable encountered in the network, and also combined with the experience of foreign to improve the system This text is divided into five parts.In the first part, it summarizes the traditional system of fair use. and introduces the concept, nature and value basis of fair use, through discussing the definition and nature of the concept of fair use; it is clearly fair use limitations on the exclusive rights of the copyright owner. Furthermore, by means of justifying it, seeking justification of fair use based, also for the following discussion of fair use of the network environment foundation.In the second part, it explains the impact of the network environment on thetraditional systems. Analyzes the changes of different environment, reflected in the expansion of the scope of the rights of the copyright owner, the narrow scope of fair use and fair use of traditional criterion of failure and so on. In addition, the combined value of the rational use of the legislative system and explain the necessity of the rational use of the network environment system still has its existence.In the third part, analysis the challenges that the fair use have faced. Through the fair use review of the principal legislative instrument, summarized the challenge for fair use under the network environment in China is mainly manifested in legislative mode closed and lack fair use criteria and work using the new forms of fair use does not apply when t helpless.In the fourth part, study the fair use system of network environment legislative on abroad. First it was studied international conventions and regional treaties, and then again walk in the forefront of copyright legislation representative countries legislative investigation, and finally explore China’s legislation about fair use of copyright in the network environment to pave the way.In the fifth part, it is to improve the main recommendations of the network environment of fair use system. The author thinks that we can from the following aspects: first, to adhere to balance the interests of the theoretical foundation; Second, we must adjust the legislative mode of fair use system; again to appropriate fusion statutory license system; and finally, specific regulations for the network environment with the new forms of work.