Copyright Issues In The Digital Environment, The Rational Use Of Digital Library Construction

The paper revolves mainly around the significances and the values of the principle of fair use in the digital environment, and the applicability of the fair use principle to the digital library. The central idea of the copyright law is the balancing spirit, which brings about the fair use principle. The exceptions for libraries have fulfilled a useful function on balancing the interests between the copyright holder and the public in the traditional environment, which should be maintained in the digital circumstances. Hence, the paper begins with the balancing spirit of the copyright law, analyzing the traditional values of the fair use principle and the development in the new digital circumstances, and holding the view that there are sound reasons to apply the fair use principle to digitalization of the library, with the prerequisite of the "fairness" testing criteria. The paper includes three parts: the introduction, the straight matter, and the conclusion. The straight matter consists of four sections. Section Ⅰgives a definition for a digital library and discusses its nature. The paper defines "a digital library" as the extension of the traditional one,. Section Ⅱ discusses the foundation, the values for existence and the development of the fair use principle. The fair use principle derives from the inherited balancing spirit of the copyright law; and its values have a close relationship with human rights, economic reasons and public interests. New issues came from digital technologies can't diminish those traditional values, but also bring the fair use principle new meanings. However, the "fairness" testing criteria should be insisted. Section Ⅲ discusses problems arising from the digitalization of a library. Just as the traditional library, the fair use principle can apply to a digital one. The paper mainly discusses issues concerning the process of collection and the process of dissemination of digital information. Section Ⅳ discusses the barriers and additional mechanisms for a library's digitalization. There are two main barriers: technical protection measures, and licenses. Besides, additional mechanisms, such as the "first sale"doctrine, statutory licenses, and collective management are needed. The conclusion accentuates the balancing spirit of the copyright law and the functions of the fair use principle, and emphasizes the applicability of the fair use principle and the controllability of other mechanisms or systems.