The Analysis On The Judgment On Fair Use Of Network Written Works

As an essential part of mechanism of balancing interest, the fair use of copyright plays important role in coordinating the conflict of interest among creators, communicators and users as well as keeping the balance between public rights and private rights. With rapid development of network technology, the fair use of copyright is facing with challenge of effective appliance. The balance of interest which was maintained by the fair use of copyright no longer works. Therefore, the further study toward the fair use of copyright is needed for providing the balancing interest mechanism adapting to network environment. This mechanism is significant to enrich and consummate the law of copyright in our country.Based on the reference of related monographs, this paper discusses the question about the judgment on fair use of networks copyright with in-depth and comparative analysis of writers’ views and typical cases. There are three sections in the paper.The first section:the paper provides a theory for fair-use improvement in network environment from four perspectives:legal philosophy; economics; constitution and sociology.The second section:Through the comparative mothed, referencing foreign successful experience, combining the current situation on the protective system of network copyright in China, the section proposes suggestions for improvement.The third section:The papers deeply discusses the new problems and its solution on the fair use system of copyright in network environment for providing the theoretical support to the theoretical improvement of network copyright and enrich the content of infringement’s theory.