网络环境下我国合理使用制度分析——以陈少华诉中国音乐著作权协会侵犯信息网络传播权纠纷案为例-analysis of chinas rational use system in the network environment - a case study of chen shaohua v. music copyright society of china dispute over infringement of information n.docxVIP

AbstractThe fair use system is an important part of the copyright system, plays an important role in the balance of author’s benefits and the public benefits. The early fair use system only stipulated the use of paper works, but with advances in technology, especially the development of computer technology, an increasingly important role the network plays in social life. The spread of the work and the way of use work in the network environment is vastly difference with which in the traditional environment, so traditional fair use system have faced a huge challenge. This article through adopt case leads to the topic, first described the concept , value, characteristics of the fair use system; next analyze the specific challenge of the fair use in network environment, and then examining the provision of fair use system in network environment of the United States, European Union, Australia; the final through combine the foregoing analysis and comparisons, pose the lack of our country’s fair use system in networked environment, and put forward a sound proposal.This thesis is divided into four parts.Part I: Introduction of case. This section through introduces and analyzes an information network propagating right dispute case, in order to point out the issue, which is the topic of this thesis: the fair use under the network environment.Part II: Fair use system’s challenge in the network environment. The first to analyze the concepts, values and characteristics of the fair use system, and then analyze the reasons for the development of network technology affect the fair use system, and then explained the impact embodied in four aspects.Part III: Fair use system’s comparative study in network environment. This section, respectively, cited the U.S., EU, Australia’s provisions of the fair use system in networked environment, in order to analyze the Chinas deficiencies and improvement of the reference standard for the next.Part IV: Chinas lack of fair use system in network e