| There are many manifestations and carriers of works in the network environment,most of which can be digitally converted to break away from their original material carriers.It is more difficult to distinguish copyright infringement and fair use in the network environment,and network works usually have a wide range of dissemination.On the one hand,copyright owners can easily lose control of their own works under the network environment,thereby damaging their own legal rights;on the other hand,network technology can also become a tool for copyright owners.Technical means can be used to restrict the reasonable use of others,and it is no longer necessary to rely solely on the law to defend one’s own rights.The author aims to analyze the impact of the network environment on the fair use system and the value of fair use.When the copyright owner uses technical restrictions to almost completely monopolize the copyright and endanger the public interest,does it destroy the fair use system? Does the user’s use of technical means to circumvent the copyright owner’s technical restriction measures constitute fair use? What are the shortcomings in my country’s legislation?China’s newly revised "Copyright Law"(2021)has a significant difference in legislative purpose compared with the previous first and second revisions.The newly revised "Copyright Law" is closely related to current social hot issues and is a network environment.The new technologies and types of new works under the new technologies provide legal protection.Regarding the fair use system,many modifications have been made on the basis of the old "Copyright Law".For example,some provisions in the "Implementation Regulations of the Copyright Law" The “two nos” prohibition provisions have been added to the clauses,and the 13 th “Other Circumstances Provided by the Law” have been added as a catch-all.The legislative technology embodies a certain degree of forward-looking."The fair use system still has not changed the original semi-closed legislative model,nor has it been enumerated as much as possible based on the practices of China’s Taiwan and Japan,nor has it clarified the elements of fair use.Although it reflects the " Bern Part of the spirit of the "three-step test" in the Convention has not been used as a basis for judging whether it constitutes fair use.In judicial practice,judges often invoke the "three-step test" more or less according to different standards.And the spiritual core of the "four elements" in American trial practice,based on the understanding of the elements of fair use by different judges,may even result in judicial discretion for different judgments in the same case.Therefore,based on the above-mentioned issues,this article discusses how the copyright fair use system should adapt to the new environment,solve new problems,and balance the relationship between copyright owners and the public,with the third revision of my country’s newly revised Copyright Law as the background.interest. |
