The Copyright Infringement Problem of the Digital Library
|School||Southwest University of Political Science|
|Keywords||Digital Library Public nature of Rational use of|
Emerging library of digital libraries as a network environment is not the same, has the same purpose as the traditional library model of development. Digital library due to the non-traditional development model, making the public service nature of the traditional library in the Digital Library of doubt, due to the nature of the digital library can not be unified definition, cause it collections serve our readers regard difficult to apply the \This article Xingliang v. Digital Library LLC infringement of its copyright case as a mirror, in-depth analysis and discussion of the problems currently faced by the digital library and the existing legal provisions and improve. Articles based on case commenced two main lines: the plaintiff's claim: the behavior of the digital library is a for-profit nature - illegal use of their works - caused by the infringement of their copyright. The defendant, respondent: Library digitization is the trend of the times - the purpose of the traditional library is the same - the popularity of the public nature of libraries - for \The article by the main line, the contents of which concerned the introduction, analysis and discussion, our digital library also proposed to resolve copyright disputes mode analysis and recommendations. The article consists of five parts. The first part describes the Peking University professor Chen Xingliang Contemporary Chinese Criminal Law Horizons \Recognition and processing results. The second section describes the nature of the behavior of the digital library. Mainly on the basis of analysis of the concept of digital libraries and features, leads to the current debate about the nature of the digital library, in order to analyze the standoff between the two camps, \The third part of the article is mainly related to the doctrine of fair use in the digital library. First, from the \Understanding of the general provisions of \The fourth part of the article describes our digital library copyright problem-solving mode, on the basis of the above sections, and on its analysis. These modes include \Make some suggestions the article fifth part of that is the last part of the main issues for digital the Library copyright protection process generated. Recommendations from the perfection of the laws and regulations, the technical means of defense and human factors in the operation of the digital library to start. The digital library can be taken for its public nature of the user opening means its for-profit nature of the business to take the technical means of defense, and strive to avoid the direct users of services does not infringe the interests of copyright holders. Library community to actively participate in the legislative activities of the laws and regulations, judicial recommendations, to contribute their strength to build a better digital library future.