The Development Dilemma and Institutional Breakthrough of Fair Use of Copyright in the Network Environment

Abstract

As a core mechanism for balancing the exclusive rights of right holders and the public’s need to access knowledge, the fair use system of copyright is facing multiple challenges in the network environment. By analyzing the current status of the system, this study points out the predicaments it is conconfronted with, such as the limitations of the legislative model, the imbalance of interests between right holders and the public, and the ambiguity of the “reasonableness” judgment criteria. To respond to the new requirements of the internet era for interest balance, innovation incentives, and public expression space, it is necessary to improve the system from three aspects: innovation of the legislative model, reconstruction of value concepts, and refinement of judgment criteria. This aims to achieve a balance of interests among right holders, users, and the public, and promote the coordinated development of copyright protection and cultural communication in the network environment.