From The Typical Case, The Construction Of The Rational Use System Of Network Copyright In China

The Statute of Anne,which published in British and implemented in 1710,is the beginning of the modern copyright system. Subsequently, both the domestic legislation and the international legislation on the international community start to adjust copyright law. But with the rapid development of Internet technology and the wide spread of computers and other electronic devices, complex Internet environment to the traditional copyright system, especially the fair use of traditional copyright system poses a severe challenge. The new concept "network copyright" came into being, and "fair use system of Internet copyright" has become the focus of attention. However, there are not many research on fair use system network copyright works, specially jurisprudence on fair use of network copyright is even more scarce. In view of this, the paper selected three influential copyright fair use cases to be a typical case studies to construct the rational use of network copyright system provides a theoretical framework for the study case.In the paper,the methods of research are case analysis, empirical analysis, comparative law and law and economics. In addition to the part of Introduction, the paper consists of five chapters. Introduction mainly states the purpose and significance of the paper, research status both at home and abroad, the content and structure of the paper, as well as the innovative part and the insufficient part. Chapter 1 is the brief state of fair use of network copyright and its cases. The first chapter analyzes the characteristics and content network copyright, then explore the legal characteristics of fair use of network copyright, finally sort out the influential cases elated to network at home and abroad jurisprudence, and noted that the rational use of network copyright case study meaning and value.Chapter 2,3,4 are the three typical case in the network many and China on the issue of fair use network copyright,that is, the RIAA (Recording Industry Association of America) v. Napster, Inc. (the online service provider) case, Martina Diel (Germany Correspondent) v Daniela Brezing (read amateur) case, China Beijing CCTV public information Inc. v. Wuhan Dopod communication company case. In this three chapters introduce the basic facts and court decisions, focusing on analysis of the legal basis for the court in sentencing the three online copyright fair use issues to follow, and how to establish the boundaries of the court three standard fair use of network copyright, how to deal with online copyright various stakeholders stakeholder balance, how to set up the network rights of copyright subject specific content, aims to build our network copyright fair use and fair system of cases involving online copyright fair use legal disputes provide experience.Chapter 5 is the Enlightenment of copyright fair use Network. This chapter is the foothold of this study and the end of this study. The chapter bases on the three case studies, based on fair use of the network copyright, pointing out that how to establish the theoretical basis, how to balance the interests of the subject, how to set the content of rights,finally putting forward suggestions the construction of legislation in China.