Research On The System Of Fair Use Of Copyright Under The Network Environment

In the copyright law,the fair use system has always been important.It means that,under the conditions stipulated in the law,if the public wants to use the works of the right holder,it may not have to obtain the consent of the original author in advance,nor pay the remuneration to the original author.In the twenty-first Century,with the rapid development and popularization of network technology,a large number of traditional works were stored in various storage media in the form of 0/1,and technical means became the fastest way for people to obtain information.However,everything has two sides.On the one hand,the network becomes a convenient tool for people to know the world.On the other hand,the network also often violated the rights of the copyright owners.In the network environment,the fair use system is used to coordinate the interests of the creator,the propagator and the user.In order to prevent the creators from using the technical means to protect their own works,it will cause the cultural monopoly,thus the conditional restriction on the individual rights of the creator embodies the price of the balance of interests in the copyright law.In the legislation of various countries,the system is universally recognized,but the criterion of "rationality" for the fair use of the system has always been a controversial issue in the theory and practice of copyright.In the network environment,it is more debated on this issue,and countries are constantly exploring how to better construct this system.The copyright law of China has not been involved in the fair use system under the network environment,but the regulations on the implementation of the copyright law and the regulations on the protection of the right to communication of information network have been stipulated.The third revisions of the copyright law also stipulate the specific circumstances and rationality of the use of the fair usein the network environment.This article,based on the great impact of the network environment on the fair use of the system and the third revision of the copyright law,discusses how to establish this system in order to better adapt to the new environment and solve the new problems.This article is divided into four chapters.The first chapter describes the historical development,concept and nature of the system,and then introduces the theoretical basis for the existence of this system and legislative status of the system of fair use of copyright in China.The second chapter discusses the challenges facing the fair use of the system under the network environment,mainly including the impact of the development of the network information technology on the legal system of copyright.As information technology can bring many new forms of works and the use of new works,the impact of the fairl use of the system is impacted and the legislative problems of the fair use system of copyright in China.The third chapter expounds the legislative status of the international organizations,the major developed countries,and makes a contrast to it,and makes a reference for the third revision of the copyright law.The fourth chapter,through the second chapter analysis of our country's legislation on the fair use of the system under the network environment,then puts forward some suggestions on this system in order to improve the development of the fair use system under the network environment.