The Application Of Fair Use System Of Copyright Of Our Country Under The Network Environment

Fair use system of copyright plays an important role for interests balance. It adjusts and balances the interests of authors, propagators and the users directly. The target of interests balance is to maximize the benefits of the three under maintaining the interests of authors. So that it can achieve the goal of legislation on copyright and pursuit of equity benefit. Fair use system of copyright also plays such a role on Internet. If the system was not reasonable used on Internet, the net citizens will easily step into the dangerous place. In such condition, it not only damages the public benefits and breaks the natural balance of Copyright Law, but also harms for culture spread and makes against the tenet of copyright legislation. At the same time, so many cases of small amount of money and dispersive defendants bring inconvenience for judicature. This article will study the issue that how to use fair use system on Internet in order to realize its legislation goal. The article includes four parts except the preface and the conclusion.Chapter 1 gives the general analysis of the fair use system, and mainly describes its concept, characteristics in law, formation, development, systematic structure, and nature; its relationship with interests balance; its value in law, and so on. Which is a comprehensive analysis based on legal theory.Chapter 2 discusses the challenges it faces under the network environment. Firstly, states that the challenges copyright brings about against network environment. Then expounds its challenges under the network environment. At last, fully demonstrates the rights of technical measurement and its relationship with fair use system.Chapter 3 states some disputes pertinent to fair use system under the network environment, including the adoption, abolishment or scope of fair use system; suggestions of network contract, and so on. Based on this, the writer puts forward her own opinions that the reasons of the existent of fair use system under the network environment, besides this, the author gives explanations and comments on the adjustment reflected in foreign laws and international treaties.Chapter 4 is the center part, which is also the most creative one, which states how to apply the fair use system efficiently based on the current law framework. It is divided into four sections. Section 1 mainly discusses the law situations of fair use in our country and explains the related lawmaking; Section 2 mentions the shortage of fair use system of our country; Section 3 mentions the principles of application of fair use system under the network environment and the property definitions of new using behaviors of works, and analyze the disputes of works authority, for instance, the typical cases:《A murder case caused by a steamed bread》and《Promise》.