On The Judgement Of Fair Use Of Copyright In Network Enviroment

Copyright issue in network environment focuses on discussing how to balance interests between copyright owner's rights of unlimited expansion and the public's opposition and limit to rights of expansion.Copyright fair use system is aimed at limiting copyright owner's rights of unlimited expansion.Copyright fair use system confers rights of legally “violating” copyright and “damaging” copyright owner's interests to copyright fair user,but it is “violating” and “damaging” that just limit expansion of copyright owner's rights,forming dynamic interests balance between expansion and limit.The balance is rightful and fair.The same goes for network environment.Therefore,it is of great theoretical value and practical significance to study how to judge fair use of copyright in network environment.“Three-step Test” stipulated in Article 9 of Berne Convention,a general principle for judging if copyright fair use is formed,has been a guideline for relevant legislation of all WTO member states after it was included by TRIPs agreement.The United States with four elements legal system formed by its unique legal culture and practice formulated judgment standard specific for individual case.“Three-step Test” and “Four Elements” are also applicable to judgment of copyright fair use in network environment.The two principles are interdependent and complementary: “Three-step Test” is a general principle of judgment while “Four Elements” is a reference standard of judgment in addition to judicially practical needs,scientific and fair judgment and regulation in network environment.This thesis is composed of 5 parts including introduction and conclusion.Part 1 as introduction first introduces background and meaning of copyright fair use in network environment;Secondly,it reviews research literature,summarizes systemically relevant research findings,and makes a preparation for further study;Finally,it puts forward ideas and main innovation points of this study,and lays a foundation for further study in the following parts.Part 2,which discusses general judgment principles of copyright fair use in network environment-“Three-step Test”,first gets to the root and explores basic meaning of “Three-step Test”;Secondly,it makes a simple analysis of integration of “Three-step Test” into relevant legislation at home and abroad;Finally,it makes in-depth analysis and discussion of how to apply “Three-step Test” to judge copyright fair use in network environment.Part 3,which discusses the reference standard of fair use judgment in network environment-“Four Elements”,introduces that “purpose and character” of copyright fair use should be detailed;that “character of used works” should be expanded;that judgment standards of “quantity and quality of used parts of works” should be still used in network environment;that “potential influences of used works on works market” as a judgment standard should be intensified in network environment.Part 4 is aimed at discussing copyright fair use in network environment from a judicial point of view.In judicial practice,copyright fair use in network environment is achieved by both abiding by “Three-step Test” and insisting on “Four Elements” and following tendency of judicial values,breaking through current legislation regulation and putting more emphasis on public interests.As conclusion,Part 5 concludes that “Three-step Test” and “Four Elements” are still applicable to judgment of copyright fair use in network environment.The two principles are interdependent and complementary: “Three-step Test” is a general principle of judgment while “Four Elements” is a reference standard of judgment,in addition to judicially practical needs,scientific and fair judgment and regulation in network environment.