The Research On The Existence Or Abolition Of The Copyright Fair Use System Under The Network Environment

Copyright fair use system since the beginning of 1740 hit the corresponding rules,through a series of evolution,has developed into a relatively perfect countries in the world copyright legal system.But,as all civil law system are the result of the development of social economy development and the increasingly awakening consciousness of rights,with the unceasing change of the physical environment and needs of human with changing,the copyright fair use system is also facing with the plight of age that can't fully fit in the dilemma.Against the background of Internet,with the Information Technology improving fast,the transmission of information presents a startling expansion.The balance of interests which caused by traditional copyright fair use has been broken gradually.So,there is a voice that we should cancel the copyright fair use system or use another technology in replace.However,All the things have a strong ability of adaptation,especially,the legal system of social development,which has a profound background on society,only when a system has been proved that there is no change in the development of space and no value,it will slowly off.Although traditional copyright fair use system which bring the changes in the network environment cannot automatically adapt to the new technology revolution,but at its core,full of vitality of the system foundation,system value and social function still exists,the essence of this system is still in the network era and social stability and development are indispensable,must adhere to the even important the backbone must be further strengthened,if simply abolished,in the rapid development of information technology in network era,the consequences be unbearable to contemplate;to technical measures,the main person belongs to the right remedy methods of network contract to replace the fair use system of copyright is not feasible,because these remedy methods cannot cover the fair use of copyright the system of the important system value and system function.On the reasonable use of copyright system,the abolition of the system is too much attention to the development of information technology in the network era,which brings about the changes of the modern society.Although the system environment and the scope of fair use of copyright under the network environment does occur great changes,but this is only a superficial phenomenon,we cannot give up eating for fear of choking,all with fresh vitality of social system always constantly with the development of society and development,the difficulty is temporary,the development is the eternal.The reasonable use of copyright system in the network era is more valuable and full of development space.The correct understanding of the copyright under the network environment reasonable use system is facing difficulties,in view of the new problems and new features of further development and improvement of the copyright fair use system,making it in today's era of the network can fully play its due role,with a solid theoretical foundation and realistic condition.Discusses under the network environment the copyright fair use system of theory under the network environment,conducive to find the copyright fair use system theory to repeal the theory of vulnerability under the network environment,clear the copyright fair use system of surviving a solid theoretical foundation under the network environment,Conducive to the copyright fair use system under the network environment of fair value and the realization of the function of balancing of interests,conducive to further improve the system under the network environment the copyright law,conducive to further stability of social order under the network environment and the further development of social economy and culture.This paper describes the social foundation of copyright fair use system,analysis of the said system the impact of the change of social environment,trying to explore the rational use of system whether there has been a fundamental damage to the survival of soil.And then comparison on the arguments on both sides of the "abolition theory" and the "existence theory" to summarizes.Though absorbing the view of many scholars to drew a conclusion and then argument.During argument on whether existing or abolishing the copyright fair use system under the network,I will from the visual Angle of intellectual property law philosophy thinking,through to analyses of the legitimacy foundation of the system of fair use,fairness and justice value and function of balancing of interests,eventually comes to the conclusion that is the copyright fair use system under the network need to exist.