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The Research on Fair Use System under the Network Environment of China

Author: LuNing
Tutor: TangChaoHua
School: Hunan University
Course: Civil and Commercial Law
Keywords: fair use network service provider repr-oduce right technological measure
CLC: D923.41
Type: Master's thesis
Year: 2009
Downloads: 402
Quote: 4
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Abstract

As an important system of the whole copyright mechanism,fair use is facing a huge impact. The development of information technology changes the object of fair use : Digital works become the main form .This changes directly made the acts of copying qucik and low-cost ,modes of transmission diversified and responsibilities of communicators complicated. In the network environment, technological measure plays an important role in the fair use,but also leds to a series of disputes. The criteria of fair use get into trouble in the network. These issues in theory, lead to a strong controversy, in judicial practice have also had a troubled.Reserching these issues help improving ang enriching the fair use theroy and solving the copyright disputes in the practice. Despite the fair use in the network environment is being questioned,it still has the reason to be in existence,which reflected in the function value、the law theory basic、the economic basic and cultural basic. In order to cope with changes in technology , the fair use must be adjusted at the right time. First of all , the concept、the judge criteria and the specific forms of the fair use must be re-define in the network environment. Secondly , while conform the legislation concept about fair use with times, we should give full consideration to the interests of the copyright holder,the relationship between law and science and technology, as well as the cost of the implementation of laws and other factors;We should improve the legislative process about fair use,ensure that different parties can take part in the process extensively and efficiently. Third ,the tort liability of the network service provider must be re-examine and the meaning of the right of reproduction should make clear from the provisions of the law. Our country’s legislation about technical measures is comparative scientific,but still insufficient compared to the United States and other developed countries. We can refer to the DMCA to make complementarity. In the network environment,developing the system of collevtive management of copyright and copyright agency system is of great significance to the actual operation of the fair use system.

The Research on Fair Use System under the Network Environment of China

Abstract

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