网络环境下著作权合理使用制度研究

Research On Fair Use Of Copyright In NetworkEnvironmentABSTRACTIn the network environment,works of various forms of expression and carrier,most of which can be seen as digital conversion,the digital conversion of the materialconversion from the original material carrier.In the network environment,it isdifficult to distinguish the copyright infringement and the reasonable use,but thenetwork work has the universality and the replication,on the one hand,the copyrightowner is easy to lose control over his own work in the network;On the other hand,thetool of the copyright owner is the network technology,the copyright owner may adoptthe technical means to make the reasonable restriction to the other people use.Thereasonable use of copyright is very important for the copyright owner and the public,and it has a certain effect on the balance of interests between the copyright owner andthe user.The author aims to explore the network environment for the fair use ofcopyright system and the existence of fair use.The 2021 edition of the copyright lawof our country has a significant difference in legislation compared with the previoustwo editions,and the third edition is close to the social hot spot,providing legalprotection for the new-type Technologies and works in the network environment,inrespect of the system of fair use,the old edition made many changes,such as the newprohibition principle of Two nos",the new paragraph 13,"Other circumstancesprescribed by law",and so on,however,the third revision is still in a semi-closedmode,although the"Three-step test"is included,but it can not be judged itsunreasonable use,in judicial practice,the judge will invoke the"Three-step test"according to different standards.In this paper,the new edition of the"Copyright law"as the main object of study,to study how to use the copyright to adapt to the environment,solutions and balancethe interests of the copyright owners and the public.Keywords:Network environment;copyright;fair use0