The Improvement Of Fair Use In Copyright Law To Information-access Under Digital Environment

With the human race coming into the digital age,the public accessing to the information depends on the digital path gradually.Because human beings are now in the era of large-scale digital works of copyright works,to some extent,the exercise of copyright may hinder access to information under the current copyright law of China.Fair use in copyright Law to Information-Access should continue to play its functions in the digital environment.However,the program of Google Digital Library which implemented in 2004 has triggered the worldwide copyright litigation,for it involved the large-scale digitization of many copyrighted works.Among them,the action which Google Corporation scan many copyrighted works and provide the public by network had different effect.In US court,it was fair use,while in China court,Google constituted copyright infringement.The discrepancy of judgment shows that the fair use of copyright law in China are lack of proper tension in the digital age.The fundamental reason is that the fair use of copyright law in China is more rigid and restrictive than American copyright law.And it can't sufficiently protect the public obtain Information by the new way of digitalization.In the digital age,in order to make the fair use rules of our country flexibly deal with the new copyright issues and the public can still obtain reasonable and effective information,the fair use rules of China's Copyright Law should be adjusted flexibly.There are two specific measures.One is that we can increase the exceptions of technical protection measures to expand the scope of fair use appropriately;The other is adding general provisions to improve the openness of the fair use rules in our copyright law.Of course in the application of specific judgments,we should strictly test whether the provisions fit the "three-step test",to protect the right of public acquisition and fully safeguard the interests of copyright holders.