Research On The Fair Use Of Network Copyright

The copyright law has played a significant role in protecting the interests of copyright owners and promoting the development of human civilization.Since the birth of copyright law,it has played a role as a regulator for the interests of copyright owners,disseminators,and users.However,the rapid progress of network technology has changed the creation and communication model of traditional works.The copyright law urgently needs to be revised and improved to adapt to the current social development.Theoretical research scholars from all walks of life have reached an agreement that the traditional model of copyright law cannot directly extend to the network model.The balance of interests of the above three is broken.Scholars from all walks of life reached an agreement about that the copyright law in the real state can't directly expand to the network environment.Many developed countries and international related organizations have given special research and exploration to network copyright issues.China amended the Copyright Law for the first time in 2001 and included the right of information network communication to deal with new situations in the Internet environment.Faced with this new type of communication right under the conditions of the Internet,China later promulgated the "Regulations on the Protection of Information Network Communication Rights." Later,China introduced a judicial interpretation of the case of network copyright disputes.In 2007,the "International Internet Treaty" came into force in China.In 2010,China made subsequent amendments to the “Copyright Law”,but the 2010 amendment was also limited to a small area.The system of fair use of copyright under the conditions of the Internet has not released more specific legal provisions.In 2012,China enacted a draft revision of the Copyright Law.The announcement of this draft is very different from the previous two rounds of amendments.However,with the rapid changes in the Internet era,there are still quite a few new situations that have not yet been addressed.For example,technical measures have not been improved.Firstly,this article elaborates and considers the basic content and the background of the fair use of copyright.On the one hand,this paper introduced the fair use of copyright and its system exploration under the digital network environment.On the other hand,this paper considered the connotation of values such as equality,fairness,and public interest guided by the spirit of legal philosophy.Secondly,this paper analyzed and discussed the characteristics and problems that was based on the status quo,and focused on the multi-dimensional thinking and perfection of the fair use of Chinese network copyright.Finally,through the analysis of the related content of network copyright,and combined with the country's specific national conditions,this paper had targeted the fair use of our country's network copyright and put forward clear and concrete opinions.In terms of the legislative model,to standardize Chinese system of fair use of network copyrights,this paper first referred to the standard of the US general model,and keeping Chinese consistent enumeration model at the same time.Through combining the two modes,and this paper led to a new hybrid legislative model.Firstly the paper summarized the criteria for fair use of the behavior by summarizing the form of legislation.Then,this paper that based on the principle of the provisions made the behavior more clear through the use of representative of the fair use of behavior.