On The Right Of Network Environment To Be Fair Use

Fair use has a long history, and now it has been accepted all around theworld. The 1976 Copyright Law in the United States gives four essentials whichare about fair use. They are: (1) the purpose and character of secondary use; (2)the nature of copyrighted works'; (3) the amount and substantiality involved inits use; (4) the effect on the market. This article brings forward some legislationsuggestions by making use of this method.Fair use is a kind of restriction on copyright, aiming to improve the publicwelfare and develop the culture of our human beings.In the past years, the development of science and technology was keepingbreaking the balance of copyright law, and improved the law to get a newbalance. And now, it's the turn of digital technology and network technology.There are a lot of differences between internet and realistic world, so thetraditional fair use faces a great deal of awkwardness on internet.Should we treat temporary copy as fair use or infringement? The copyrightworks which has been delivered under internet can be fairly used on internet?When teachers use copyright works in the distance education, which is animportant kind of teaching, the usage can be applied fair use? Digital library is anew outcome of the development of the digital technology and networktechnology. Can it fairly use copyright works as usual? Technical protectionmeasures not only prevent the works from illegal use, but also fair use, so howcan we solve the conflict? Our copyright law doesn't give out specific terms ofsettlement on the before-mentioned issues. This article expatiates on these issuesmainly, and hopes for some viable solutions.Temporary copy is an unavoidable stage when we skim over on internet, soit may be fair use. But the law should allow the owners of copyright to take sometechnical measures to avoid permanence and other replication which have someindependently economic meanings. Some copyright works have been deliveredunder internet, and didn't be delivered on internet. They can also be fairly usedon internet. Those usage modes which we called "fair use" under internet canalso be used on internet. But the author suggests that our State Department should promulgate a provision early to protect the information networkdissemination fight. Copyright works' usage in distance education shouldintroduce legal permission system; the institutions who provide teaching serviceon line should take effective measures to limit the users' scope. Legal permissionsystem should be introduced to digital libraries' copyright works' usage topromote the development of the digital library. At the same time, the law shouldpay attention to the legal interest of copyright owners, and apply fair use carefully.Our Copyright Law offers technical protection measures legal protection, but weshould encourage the obligee to limit the usage, not contact. In addition, the lawshould safeguard common information, prescribe some exceptions for elusion oftechnical protection measures, restrict or forbid aggressive technical protectionmeasures, and punish those whose technical measure arises some unmeritedconsequences.Furthermore, the article puts forward a new opinion on the legislative modelof fair use: on the basis of enumeration model, add some principia to make thelaw more perfect.In the last part, the article analyzes the bound of fair use. The controversyabout the bound should be expanded or shrank is meaningless. Because undersome conditions, the bound should be expanded; under other conditions, thebound should be shrank. We can't say the bound of fair use should be expandedor shrank in a nutshell. What we can do is analyzing whether the usage is fair useunder the certain circumstances.