The Research Of Network Dissemination Of Information And Copyright Fair Use

Based on the evolution of communication technology, the development of the fair use system of copyright focuses on the times of electronic copyright and digital network copyright. During the time of printing copyright, along with the creation and development of printing technology, the initial copyright protection system has emerged, i. e. the printing proprietary right system.Afterwards, due to the development of culture industry, the printing proprietary right system is no longer able to satisfy the needs for originators and transmitters to protect their own rights. Therefore, the modern copyright law has emerged with the promulgation of" The Statute of Anne"in1710. The fair use system of copyright law then experienced the development from case law to statute law. During the time of electronic copyright, due to the comprehensive promotion of simulation technique, the fair use system, for the first time, has experienced a huge impact from the technology development. Thus, the fair use system began to develop itself for the purpose of applying for the development of technology. Afterwards, due to the coming of digital network time, a very special copyright has emerged, i. e. network dissemination of information.The emergency of such right provides a new definition to copy right and also made a change to the there are always kinds of confrontations among the creators, publishers and the users of the information. To keep the balance of the three parties’ interest,"fair use" exceptions were erected. Now, although such system has gained acceptance of copy right law in different jurisdictions, it is also a most controversial and complicated rule in the copyright practice and theory. Along with the development of the communication and transmission technology, especially the comprehensive use of digital network technology in recent years, the complexity of the fair use system is more outstanding.The paper focuses on the analysis to impact received by fair use system in digital network environment as well as relevant measures which should be taken. In addition,the fourth section also contains a summary of comment on the development of fair use system in China. The creation of digital work indicates the emergency of a technical revolution and no doubt the application of internet has pushed such revolution to a summit. During such revolution, the expansion of copyright, the emerge of temporary copy and the complexity of private copy made a huge impact on the fair use system and this is also the reason why there are confusion and misunderstanding to "rationality" judgement standards in legal practice. Western countries made use of various measures so that fair use system can still be useful during the digital network times. For example, the insisting on balance theory, combination of "open type" and "seal type" legislative model, integration of the judgement factors of "customer use" and "emerging market" as well as the combination of technical measures and legal compliance. Fair use system has not applied for a long time in China and we do not have a special definition to "fair use".We have merged fair use with other limitations on rights and referred to in its entirety as limitation on rights. Currently, provisions in relation to fair use in PRC legislation mainly focused in the12types listed out in article22of the "Copyright Law". In addition, along with the development of digital network technologies, PRC legislators further confirmed the fair use system in network environment in article6and7of the "Regulation on the Protection of the Right to Network Dissemination of Information", thus covers the shortage of "Copyright Law".Reasonable use of copyright is to realize the copyright person, information dissemination, social public three interests balance caused by a copyright limit system, our country" copyright law" lists for the rational use of12cases. In the network environment, the traditional copyright fair use principle and applicable conditions did not change, but because the network information dissemination of the opening and is not controllable, the owner of the copyright rights constitute menace, accordingly, network on the proper use of the works need to be defined. The paper focuses the legitimacy of the fair use system of copyright from the prospects of philosophy of law, economics and constitutional jurisprudence. There are limitations on each theory as different theory has its own perspective. Actually, we are unable to comment on each theory based on a standard of absolute true or false. It will be very helpful for us to establish a deep and comprehensive understanding on this issue through the reviewing on each theory in relation to the validity of fair use system. During such process, we first discover the self-explanation thought derived from theory of personality and rationality as well as fairness emphasized in the balance theory. Secondly, subject to theories of transaction costs and stimulation, it is understood that the purpose to form the fair use system is to reasonably divide the rights between originators and transmitters-therefore to decrease the extra transaction costs and achieve the optimum distribution of information resources. Last, we see the close link between the fair use and constitutional right of citizen from the perspective of constitutional jurisprudence-it is not a legal form for public to make information exchange and transmission by the utilization of their works, but also the basic condition for the public to realize their liberty of speech.