The Postmodern Nature of Internet and Adjustment of Copyright's Fair Use Doctrine
Luo Xin-xing · Journal of Sun Yatsen University · 2007
With the rise and development of Internet technology,the Copyright scheme tends to expand.In addition to the legal application of technical protection measures,it will lead to the weakening of function of fair use doctrine.Therefore,this paper discusses the trend of adjustment of fair use doctrine in cyberspace and analyzes Chinese related legislation by examining the of Internet,the fundamental value and the perspective of interests balance.In conclusion,it holds that the range of application for fair use doctrine should be reasonably expanded,in order to correspond to the interactive and open spirits of the postmodern nature of Internet and the purpose of utilitarian principle based on interests balance.