In The Age Of Information Network, Research On The Rational Use System Of Authorship

The legal theoretical circle has a dispute over the precise definition of the fair use of copyright system,but in short,it is the system that the actor can use others' works to realize the public interest without the consent of the copyright owner based on the direct provision of the law.There is no conclusion about the nature of the fair use of copyright,and the author thinks that the fair use of copyright is the legal interest but not yet raise to rights and interests that the user benefits from.The system of fair use of copyright has been improved with the change of the times in the generation and development process.In the era of information network,the existing necessity of the fair use of copyright system is challenged by the development of communication technology and the changes in the authority of the works.From the perspective of maintaining public interest from constitutional law and stimulating the development of science and culture from economics,the fair use of copyright in the era of information network has a profound theoretical foundation and value basis.In the era of information network,the fair use of copyright system is not conducive to the practice of justice,nor to our domestic legislation and international law docking.China should establish a reasonable use system for unpublished works.In the information network era,with the rights of copyright owners expanding to new area and object,the scope of application of reasonable use of the system has compressed trend,while it should be extended to the digital library,funny imitation,distance learning and other new areas,and taking general legislative skills in law to further expand the scope of application of fair use system.For the fair use of copyright system evaluation criteria,China's legislation lacks uniform applicability and operational feasibility of the rules.The "Three-Step Test" of international convention judges the rationality of using behavior from three aspects and the "Four element" of copyright law of United States of America establishes rational use of the principle of unity of the stands.On the next stage of China's legal right to complete the fair use of copyright system,it is recommended to take "generalization" and "Enumeration" of the legislative skills,to started from the expansion of the applicable object,reconstruction of applicable category and the introduction of judgment elements,then to expand the applicable object to unpublished works,to cover the scope of allocation to the emerging network classroom,digital library and other fields,besides,to learn from the judgment method experience of the "three-step test" and "four elements",and to propose unified principle judgment standards.