Research On The System Of Rational Use Of Copyright In The Network Environment

Since the birth of copyright,it has included the dual value goal of motivating authors to create and disseminate works.While protecting the rights of authors,it also needs to ensure that the public can access the works and promote the dissemination of cultural knowledge.Therefore,this dual mission will inevitably require the balance and coordination of interests in the system design,and only achieve the balance of interests of all parties,in order to protect the overall healthy operation and sustainable development of the copyright rights system.In China's existing copyright system,the rational use system is an important way to maintain the balance of interests.It gives the public a reasonable right to use the works within a certain scope,and promotes the flow and re-creation of knowledge under the premise of protecting the interests of right holders..With the rapid development of the Internet,the access and transmission of knowledge and information have undergone great changes.The network has its own unique coverage,timeliness and large amount of information,giving the copyright field and its rational use.The system has brought about no small challenge.Copyright is a statutory right in the definition of the nature of rights.It can be adjusted through the legal system.It is not a natural right.It cannot be equated with basic human rights such as the right to life and property rights.That is,the legal rights and interests of copyright can be Distribute on the individual and the public.Judging from the current legal provisions of China,the starting point of China's copyright rights system is “author's rights”.The content of copyright includes property rights and personal rights,and protects the interests of authors while safeguarding their spiritual interests.The entire copyright rights system is composed of three main parties: the content provider,the communicator and the user.The relevant interests of the copyright need to be distributed among the three subjects.With the advent of the Internet age,network copyrights have developed rapidly,and their characteristics and the distribution of interests in the rights system have undergone great changes.The expansion of copyright power,the lag of law,the risk of infringement have been greatly improved,and the balance of interests has been Breaking and other issues emerge in an endless stream,and as a rational use system in the traditional copyright system,can it play a role in maintaining a balance in the new network environment?The answer is yes.The rational use system fully reflects the basic values of the two-way standard of individual and society,fairness and justice,and is one of the indispensable institutional constructions for the development of network copyright.Benefits are the essential factors behind rights,only in the network.The re-realization of the coordination between personal interests,communicators' interests and public interests in the environment can truly guarantee the realization of the legal rights of all parties and maintain the sound development of the entire copyright system.At the same time that the characteristics of the network copyright and the rights system have undergone tremendous changes,the problems faced by the rational use system in the network environment are immediately exposed.China's "Copyright Law" is a method of mooring,and the history of development is relatively short.Under the impact of the network,the deficiencies and shortcomings inherent in the legislation are naturally the first to bear the brunt,and there is no systematic and clear definition of what is the reasonable use of copyright.It is only stipulated in the form of enumeration of reasonable use behavior in the current legislation,plus the network.The rights of Chinese copyright owners have expanded rapidly.At the same time,with the promulgation of the Regulations on the Protection of Information Network Communication Rights,the scope of fair use on the Internet has become more and more limited,the space for rational use has been greatly reduced,and the risk of infringement has increased.The right holders want to make the most use of technical measures to protect their copyrights,which makes it more difficult for the public to contact the works.This has obviously led to the tilt of the interest balance in the copyright rights system,the public's basic knowledge appeal cannot be satisfied,and the role of the communicator's distribution and the actual role in the rights system is difficult to match,and the benign operation of the copyright system cannot be realized..To this end,we must further optimize and improve China's current rational use system,adhere to the "balance of interests" as the basic principle,learn from the internationally excellent experience,and adopt a comprehensive legislative model of "factorism" + "necessity".Introduce the judging elements for rational use,and strengthen the interpretation and analysis of the judgment elements,so that they can fully adapt to the basic national conditions of China and the existing development trend of network copyrights,and establish a coordination mechanism between technical measures and rational use systems to find between the parties.Balance the interests and build a new system of fair use of copyright in the network environment.