Research Of Fair Use System Of Copyright In The Environment Of Network

In the field of Copyright Law, the law allows the free use of works protected bycopyright law under certain conditions, no need to get the consent of related persons,and no need to pay compensation. It is called fair use. It is the universalacknowledgment of the whole world that the fair use of copyright can limit thecopyright and efficiently coordinate the conflicts between copyright owner and thepublic. Besides, it can make monopoly of copyright and public use of knowledgeresources exist harmoniously in the society. In cyberspace, the fast development oftechnology and the system of fair use produce conflicts, leading to the loss of intrinsicbenefits balance. Therefore, it is very important for intensive study on copyright fair usein cyberspace to balance the benefit distribution in the change of the age. It is alsonecessary to bring the copyright law to perfection in the cyberspace of our nation.This article is divided into five sections besides introduction and epilogue:Section one deals with the challenge the traditional copyright fair use system isfacing in cyberspace. The technological progress and the social development causesconflicts of interest between copyright owner and the public more severely. In the newenvironment, copyright fair use system ought to relax properly on original basis to adaptdevelopment of the age.Section two is about the study on fair use criterion in cyberspace. First of all, bycontrasting two legislative modes of the rule and the element, indicating that the latter ismore suitable to copyright fair use system in cyberspace. Then, by studying the contentsof the four factors in the "Three Step Test Method" of the international treaty and thefair use of Copyright Law in the United States, we can point out its reasonableness andapplicative value. In the end, based on the analysis, we put the supposition what is thestandard criterion for the the judgment of copyright fair use. That is consideration oftwo aspects coming from subjective user whether or not he holds the good attitudetoward the action and consequence of the use, and the objective side whether obligeecauses direct or material damage to the copyright owner.Section three is to study the problems in some kinds of typical use behaviour ofworks and fair use system. In connection with the field of copyright under newtechnique conditions, the article will, in certain order, analyze the three accepts about temporary duplication, network distance learning, and digital library as to fair usesystem, and then arrange the relative analysis on the rules of these problems in domesticand international legislation, in hopes to provide some theoretical principles forperfecting copyright fair use system of our nation.Section four deals with conflicts and coordinations of technique protectivemeasures and fair use system. Firstly, after introducing the meaning of techniqueprotective measures and classification, the article point out the necessity of legalprotection and collect the rules of technique protective measures in domestic andinternational legislation, and then analyze the conflicts of technique protective measurestoward the fair use system, including how to rule out application of fair use system andobstruction of realization of the balancing function of the interest in this rule, and finally,by studying the law-making stipulation of the exceptional cases circumventiontechnique measures in USA and China, the article point out that the law ought to exemptor except from those lawful actions or technology devices that technique protectivemeasures cover, to achieve balancing of interest of framer, infector and user.Section five deals with improvement suggestions of copyright fair use system innetwork environment of our nation. Firstly, on the basis of analyzing current legislation,the article point out limitations of fair use system of our nation, and then, have bestsuggestions by combining the previous analysis, including the change of legislativemode, the addition of the rule of temporary duplication, and for the aim of teaching andscientific research, expanding the network distance education, fair use rule ofimprovement of digital library, and adding the exception of circumvention technicalmeasures.