Study On The Solutions Of The Digital Library Copyright Bottleneck

In recent years, China ’s electronic industry development is fast, and the Digital Libraryentered the industrial production stage. With the continuous development of Google DigitalLibrary, Baidu Library continues to expand the scale, and the other traditional book vendorssuch as Amazon, dangdang.com also started sale digital books, Digital Library industry entersgold period.However,Google Digital Library and Baidu Library all have been prosecuted since2009,because without the permission of the copyright owner.This event let copyright owners,publishers and network operators in an awkward position, and scholars and governmentauthorities have begun to pay attention to this question. How to define the Digital library,what barriers have met and what kind of bottleneck encountered, the Copyright Law shouldhow to standardize digital library which to make electronic industry sustainable development,all these problem has been highlighted.The digital library as a burgeoning industry Is playing the influential role, it is can bringmaterial benefit to electronic industry and meet the social needs of spiritual culture, Ourcountry should support its development. But from the event of Google and Baidu can be seenthat the digital library legal system bottlenecks its encountered, the current copyright lawgreatly limits its development.Based on the background, this paper in order to find the solution through the analysis ofGoogle Digital Library and Baidu event, then point out the value of the digital library.The first part of this article through the introduction of Google Digital Library and Baidulibrary, to make us know the impose restrictions that the digital library faced, and thisrestrictions will be harmfully to the Digital library which is developing steadily.The second part through the analysis of the theory of digital library developmentfoundation and its social value, we should know that the digital library should also be able toget support and development. From the angle analysis of copyright law, the copyright lawshould protect the rights of authors, but from the legislation purpose of copyright law,copyright law should provide ways of dissemination of the works. Therefore, the copyrightlaw in digital library should be balanced benefit. From the work characteristics, work isdesigned to spread, only in this way it should realize its value. The third part from the legal system level to analysis this event, many internationalorganization and developed countries has stipulated the digitized book. Although there is noclear or special regulations on the digital industry regulations, the development experience offoreign countries can use by us. In addition to China’s copyright laws have regulated theInformation Network Propagating Right, to break the bottleneck of the development ofDigital Libraries in our country and to realize the electronic industry dimensions changesdevelopment is feasible.The fourth part discusses the development solution of digital library.First of all, from the analysis of the reasonable use of the system, we can use it aftermake slight change. For example, we can set a assist ratio of the cited of the digital resourcesratio, and small references or outline can be included in the reasonable use of digital library.Secondly, we should expand the range of the statutory license system, and including thenon-profit digital library, that we can protect the rights of copyright owners and promote therange of works.And the nature of the public library determines its spread range narrower thanthe commercial library, because its function is the dissemination of cultural knowledge, so thenon-profit can be included in the statutory licensing system completely.In third, the copyright collective management system can play an important role withdigital library for each other. The article points out that the digital library network operator orwork site could be established collective management organizations, and these organizationscan manage the works on the Internet specially, such as the management of the informationnetwork propagating right and the copyright of the digital library,seek common ground whilereserving differences, if we can do this, not only can save the copyright owner dimensionauthority cost, but also can achieve the digital industry specialization management, and wecan to solve the risk of infringement.At the end of the paper, I have proposed some suggestion to the copyright law. Thecopyright law should stipulate digital library concept, and make the network operators legalliability of tort clearly. Besides, the copyright law should expand the range of the system offair use and the statutory license system. Finally, the copyright law should follow the pace ofsocial development, and improve the forward-looking legislation, to provide impulsion for theeconomic development and social harmonious.