| With the technological development the computer and communication technology has combined together quiekly. As a result, the global network environment is formed and our lifestyle and thought pattens are changed. The new technological revolution which caused by the digital technology and network technology affected the proteetion of copyright that originate from conventional printing times, On the one hand, some related system of the copyright law were innovated and on the other hand the copyright law faeed with challenges and impact. The fair use system which was born in the conventional printing times play a lighter and lighter role on the benefit balance between the authors'and the users'and the public's.In order to accelerate the proeess of the Fair Use System of our Copyright Law under the network environment, balance the interests of the authors, the public, and propagators, to improve the protection of network works and makes clear the standard how the public use the network works. The artiele is made base on the new features which the works present under the iniernet environment, by comprehensive comparison of available research results, benefited from the experience from foreign countries, in order to make clear the standards and the scope of application under the network environment. This artiele is tried to provide the way about our legislation on Coppyrights, to prefect the Fair use system and reinforce the proteetion on intellectual aehievement and various interests.The first part for network relationship with intelligent property right method, the our country network development present condition, and the our country court accepted to take up an intelligent property right case circumstance to carry on introduction in recent years.The second part fastens the introduction that the network work power reasonable uses basic concept and basic theories, concept and cause explained that the work power reasonable usage and the network work power reasonable use this both, is empress the text launch the foundation of treatise.The third part emphasizes to lie in reasonable to use present condition to carry on analysis to the our country network work power and analyze the our country existing law laws and existing administration regulation regulation, and at our country the relevant network work power reasonable usage in the international treaty taking effect is how to stipulate and existence which problems.In carrying on initial analytical foundation to the present condition and the existence problem, carried on theories thinking and present condition to the Chinese network work power reasonable usage system analysis.To the theories thinking of the network work power reasonable usage, include to under method philosophy spirit of the thinking of equal, fair and public benefits etc. value, to the network work power reasonable usage spirit inside check namely the thinking of benefits equilibrium principle;To the thinking of the our country network work power reasonable usage fulfillment, mainly is analytical problem and fulfillment of existence in the lawmaking in the factor that have to consider.Four-part cent fore text analysis of the foundation up aim at how perfect our country of the network work power reasonable use system to put forward an explicit suggestion and try hard for an establishment as soon as possible rise regard law rules and regulations as principle, continuously enhance the main function of law intervention, actively expand the network work power reasonable's usage from the fulfillment space of related and civil autonomy in the meantime of suitable our country of the network work power reasonable usage management system. |
