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The Research of Fair Use System of Copyright under Network Surroundings

Author: ZhaoWeiYan
Tutor: LiDongMei
School: Dalian Maritime University
Course: Legal
Keywords: Web Copyright Fair use
CLC: D913
Type: Master's thesis
Year: 2009
Downloads: 208
Quote: 1
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Abstract

During the past ten years,with the development of new technology,internet has become a world-wide broadcasting tool across the world which is open,virtual,fast and easy copy for people to communicate with each other even at their own home. While because of these characters,it makes many authors have weak control on their works when they put their works on the web.Now this new kind of tool has brought great shock and impact on fair use system in copyright area.As we all know that the core of the copyright law is the interest balance which the law has always pursued for hundreds of years,on one hand,it tries to protect the authors who create the products which is also the main task for each country in copyright area.on the other hand,the fair use system is created to aim to broadcast the information worldwide to benefit the public for education and gradual progress for the whole human beings.It seems that they don’t coordinate with each other anymore, but the conflict can be solved through a certain system to balance the each interest. Fair use is just the solution to the problem.Before the internet period,fair use system once has played a key role to balance the interest between authors and the public.But now because of the change of the broadcasting ways,under network surroundings the original balance which used to well balance the interests among authors,broadcasters and users has been broken away.Facing the severity of the infringement such as copy,download and other behaviors,authors vigorously seek for technology measures and also make these measures protected by laws to protect their rights.At the same time,the public becomes disappointed with the authors’ behaviors.They thought their fair use rights have been exploited in the new circumstances.Under the new circumstance,should we have to sacrifice the public rights just to protect the author’s right? Is it right for the justice and fairness to do so? Does the behavior invade the right of getting free message by constitution? It is urgent for us to solve these problems for both theoretical and practical purposes.First,the article briefly introduces the history of the fair use system and its concept and key characters;secondly,it analyzes the great challenges that the fair use system is facing in digital library,remote education and technological measure areas under internet environment.Thirdly,the reason and justice of fair use rule are analyzed in terms of jurisprudence and legislation and conclude that fair use system still should be alive for its purpose.Finally,some relative suggestions about fair use rule in digital library,remote education and technological measure areas are made.

The Research of Fair Use System of Copyright under Network Surroundings

Abstract

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