Research on the Copyright Problem of Public Digital Library
|School||Southwest University of Political Science|
|Course||Intellectual Property Law|
|Keywords||Public Digital Library the Right of Communication through Information Network Copyright Fair Use Statutory License|
Library is always a special and the important node on the copyright benefit chain. Library occupies between copyright owners and the public, so that library not only preserves obligee’s works, but also library spreads works to the public. Digital library’s social function has not changed under the network environment. But with the digital technology revolution, the traditional library’s copyright benefit balance point has changed to make digital library into copyright infringement disputes.In terms of judicial practice and theoretical research, digital libraries are often treated as a community. Public digital library is regarded as the network information service provider as same as profitable digital library. This causes legal status of public digital library unclear, and both right boundary to differentiate with difficulty.“Preferential treatment”which tradition library enjoys has not extended to the network environment. Copyright benefit of public digital library suffers injury, and increases risk. Based on this reality, the paper shows that thepublic digital library is a kind of digital library by analyzing the subject involved in four cases. The paper focuses on the distinction between public digital library and profitable digital library in organizational nature, management mode, business purpose, tort liability, etc, and establishing the same points of public digital library and traditional library in the legal nature and legal status. Thus it was proven that the copyright legislation should give public digital library more copyright limitation and exception under the network environment. Public digital library needs copyright legislation to pay particular attention, but the reality isn’t optimistic.“Position on Copyright in the Digital Environment”typically represents the legislative demand of development of public digital library. It also reflects ingrained“usage of trade”of public digital library. These demands respectively are exemption from third-party infringement dispute, exception of the Information network transmission right for information dissemination of LAN, exemption from copy and information network dissemination for educational or research use, exemption of constructing information navigation system linking network resource and network dissemination, exemption of limit inter-library loan by way of network transmission, exemption from technology protection measures for legitimate or non-infringing purpose. According to the provisions of our country laws such as“Copyright Law" and“Regulations for the Protection of Information Network Transmission Right”and so on, public digital library’s benefit demand cannot realize nearly. Moreover the majority contradicts the current laws. The development space of public digital library is compressed for avoiding risk. The resources construction and the resource sharing of public digital library have been put on the“inhibition spell”by digital copyright.Public digital library has to break through the bottleneck of digital copyright and solve authorized question of digital copyright to develop healthy. At present, there are a variety of copyright authorization models. Most of these models are put forward for mixed digital library. In the case of public digital library, fair use is still the important guarantee on which the library will depend on to develop. Current law and trend of international copyright legislation show that sole fair use cannot solve all copyright conflict of public digital library. The multi-authorization models for development of public digital library should be set up with the fair use as the main body, the statutory license and the community authorization as the supplement.