The Fair Use System Of Copyright Under Network Environment

The 21st century,the network has become a huge platform for information exchange and dissemination.In the area of intellectual property,the author's work can be used by the user through the network.Using behavior involves copy,download,collect,modify,reprint,and re-disseminate the work.On the one hand,the network for the user to provide a great convenience.On the other hand,there are many the infringements under the network environment.So under network environment,it is necessary to redefine the fair use system.The fair use system,it means under the reasonable condition,the user can use the work,not only obtain the owner's consent,but also not to pay remuneration.This system is a restriction on power,which is a restriction on the law that creates personal rights and property rights around copyright.The work is done by the author,based on the privatization,the work marked the author's individual property label.But the fair use is precisely for the collective interests,conditional restrictions on individual rights.This system will have the common criticism of national copyright law,but it is a controversial issue in the field of copyright theory and practice.This article will discuss the impact of the rational use of copyright in the network environment.How to adapt to the new environment through institutional adjustment to solve new problems.This paper will be divided into four sections.In the first section,the author expounds the basic concepts and basic theories around fair use of copyright.At the moment,this section demonstrates the origin,definition and the nature of fair use,and the theory of interest balance.The second section introduces the challenge of fair use under the network environment.In the network environment,the rationality,legitimacy and territoriality of fair use is changing.And with the expansion about the rights of the copyright owner,the progress of the technology and the development of the society have aggravated the conflict of interests between the copyright owner and the public.In the new environment,the copyright fair use system has been questioned unprecedentedly.The third section mainly introduces the international conventions about fair use of copyright system.And it also introduces the relevant foreign judgement standard.The fourth section analyzes the main problems about the fair use system in China.And at the same time it puts forward some suggestions in order to improve the quality of the copyright in China.On the basis of upholding the balance of interests,we should reform the legislative model and expand the scope of the fair use appropriately.