网络环境下着作权合理使用制度研究-research on the system of rational use of working rights in the network environment.docxVIP

AbstractThe principle of reasonable use can cause controversies in the Copyright Law such as whether the judgments of it could apply, or it could meet the rapid development of network technology, or the traditional principal of rules and elements could cover the network. The principle of reasonable use refers to the core of balancing interests in the Copyright Law, but the balance of interests can hardly be measured by an invariable rule in practice. The principle of reasonable use is built up to balance the interests among the author, transmitter and the public as a result of their intersections under the environment of perplexed judgment on the balance interests. The rules theirs elves needs to be adjusted for the development of the current era by the break of balance with the improvement of science and technology. Based on the characters of network technology on its own, the thesis aims to analyze the interests among author, transmitter and the public for the expectation of new balancing point as well as the mature provisions on the principle of reasonable use. With those improvements, our cultural industry can prosper with the authors’ enthusiasm for production as well as the convenient and fast access to the production for the transmitters and the public.The thesis mainly applies the case-analyze, compare-analyze, history- analyze. It expounds the principle of reasonable use under network environment with four parts excluding the introduction and conclusion, and points out the challenges the traditional principle of reasonable use faces. The author comes up with his views on the principle of reasonable use under network environment.The first part introduces the debate on the copyright caused by the Digital Library of Google. This part begins a brief introduction upon the case of Digital Library of Google, and educes the challenges on the traditional principle of reasonable use under the network environment with analyze on the case above throughout the whole the