Research On The Internet User Copyright Agreement Excluding Fair Use

The development of Internet economy has led to the discussion about the legal regulation of user agreement.Among the user protocols of many Internet platforms,there are generally intellectual property provisions that restrict the fair use of a users,The effectiveness of such clauses has a direct impact on the ability of internet platform to control the copyright of works and on the use of works by the public under the network environment.The purpose of this paper is to discuss the boundary of fair use in the Internet environment where the autonomy of private law is dominant,and to study whether the intellectual property clause can restrict the fair use of legalism,so as to determine the validity of this kind of intellectual property right clause in theory.In the end,this paper comes to the conclusion that different Internet platforms may be effective,effective or invalid to make a distinction between the user's fair use behavior.Because the user's association with the appearance of the standard contract does not represent the absolute imbalance of interests,the starting point of the rational use of the system must be discussed at the same time so as to make an objective evaluation of the validity of the contract.Moreover,the discussion of the content of all the agreement terms is based on the close combination of the characteristics of the Internet environment.Finally,according to the change of role between internet platform and user in internet environment,this paper puts forward some legislative and judicial suggestions on further cognizance of reasonable use boundary in intellectual property clause of internet user agreement.