Research On Copyright Restrictions Of Digital Library

Digital Library is an emerging product based on computer technology and information network communication technology.It breaks through the physical boundaries of traditional physical libraries and makes the library long-lasting without limitation of space and time.Because of its advantages in collection,retrieval and service And other advantages so that it won more favor,it has important cultural value and social significance.However,due to the fact that the traditional copyright law can not fully adapt to the network environment,and the relevant system of information network dissemination is not yet mature,the digital library lacks the applicable copyright restrictions in the development of digital resources,which makes the construction of digital library subject to the existing Constraints of Copyright Law.The main research object of this paper is the digital library in the network environment,which includes both the digital library matching the physical library and the pure virtual digital library without the physical library.The main research contents of this paper are the copyright restrictions of digital library.The scope of the research is limited to the exercise of copyright rights and the content of copyright rights,including the method of obtaining rights without the consent of the obligee and the payment of the usage without the consent of the obligee The cost of the way,that is,reasonable use and legal permission.In addition,it also includes restrictions on copyright content,the exercise of copyright rights,the term of protection and the jurisdiction that are specifically set for the digital library.The full text is divided into five chapters.The first chapter mainly explains the basic issues about copyright restrictions of digital libraries and digital libraries.Digital library,with modern information and digital technology as the technical support,is the product of the development of information technology and the inevitable result of the information reform of the entire society.Digital library is an extension of the traditional physical library in the digital environment.Although digital technology has changed the mode of communication and service of the two works,the same cultural mission plays the same role in society.That is As the media between the copyright owner and the user.In resolving the copyright issues of digital libraries,we should insist that the nature of the public libraries of digital libraries should not be shaken.At the same time,we should make a detailed analysis of the nature of the services provided by digital libraries.According to different consumer needs,Sex services do feature processing.On the one hand,despite the paid services provided by the digital library,the nature of the digital library is still charitable based on the mission of the digital library.On the other hand,the digital library is not a simple subject with a single legal status But rather a rights-holder with multiple attributes.Depending on the nature of the services provided by the digital library,it is an end-user,an online content provider,and a distributor of digital content.This article chooses the term of "copyright limitation",the scope of the study is aimed at the restriction of the exercise of copyright rights and the content of copyright rights,including the statutory limitation of copyright and the limitation of copyright.The statutory limitations on copyright mainly include the fair use and statutory licensing explicitly prescribed by law and other limitations specifically set for the digital library.Copyright declarative restrictions refers to the copyright owner,according to his own will to make a concession of a proprietary right means that the copyright licensing mechanism.Judging from the current legislative status and judicial practice in various countries,the dilemma of applying copyright restrictions in digital libraries is mainly reflected in the narrow space of rational use of digital libraries in national copyright laws,the exclusion of digital libraries from statutory licenses,The high cost of licensing digital libraries and the technical protections that create barriers to the development of digital library resources.Therefore,the study of digital library copyright restrictions should focus on these aspects to find a solution to the path.The second chapter analyzes the legitimacy of digital library's copyright restrictions.From the perspective of jurisprudence of balance of interests,the balance of interests is the basic spirit of modern legal system of copyright.In the legal relationship of digital library,the interest relations that the copyright system should safeguard include the balance of interests among authors,users and communicators,As well as the balance between the private interests of the copyright owner and the public interest.The expansion of copyright in the digital environment and the strong protection of copyrights have led to the unbalanced interests of all parties involved in the legal relationship of digital libraries.In the issue of copyright of digital library,whether it is justice from the balance of interest of ancient Greece and Roman jurists is the embodiment of stronger demand,or justice of interests of Judoism of Stoicism is collective happiness From the perspective of the necessary conditions,we think we should pay more attention to the voices of stronger interest groups or focus more on the realization of collective happiness when dealing with the balance between copyright interests and public interests.While giving the copyright owner the protection of the exclusive rights based on the achievements of its creation,it should also consider the ways of realizing the collective happiness and the common welfare of the society.In order to maintain the balance between the private interests of the copyright owner and the public interest and realize the dual purposes of protecting the author's rights and interests and safeguarding the public interests under the copyright law,the copyright restrictions of the digital library should be improved and constructed.From the perspective of constitutional freedom of cultural freedom,copyright and citizen's cultural rights are two basic human rights and have the same important legal status in essence.Cultural freedom is a necessary condition for democracy and an important guarantee for other basic human rights and freedoms.According to Hayek's liberalism,whether a policy embodies and guarantees cultural freedom shows whether mankind has the opportunity to consider multiple possibilities and whether he has the ability to choose his own way of life.However,the media such as publishers,through the use of law,have legalized the confinement of culture and have made use of technology to scale up cultural isolation and infringe upon the public interests of digital libraries.The people's cultural freedom and cultural rights have violated the constitutional purpose of copyright law in terms of increasing knowledge,promoting social welfare and promoting the development of culture and science.How to confront cultural extremism and information feudalism is a major concern for the development of contemporary culture.Through the theoretical analysis and the judicial practice of European countries,it is concluded that in the copyright interest relations of digital libraries,the protection of the copyright owners must not undermine the public cultural freedom and must not be the impediment of citizens to exercise their basic cultural rights.Restricting the copyright of digital library helps to exert the important role of culture in the development of human beings and the superstructure of society and helps to respond to the realistic demand of the balance between copyright protection and public cultural freedom.From the economic point of view of the efficiency of the copyright system,according to the two criteria of efficiency evaluation in law and economics,whether it is the prevalent principle of Pareto or not-the real efficiency is beneficial to all parties,It is argued by the principle of efficiency of Coase-to maximize the total wealth of society through the possibility of compensation,and it is efficient to construct the copyright restrictions of digital library.The author analyzes the efficiency of the current digital library copyright system.According to the efficiency of the copyright system,due to the inability of self-healing copyright system to adapt to the development of digital technology and the monopoly nature of the copyright system itself,From the perspective of social efficiency of the copyright system,the copyright system not only failed to play a positive role in promoting the construction of digital libraries,but impeded the process of digitization of the collection resources,From the efficiency of structure allocation of the copyright system Look,there are major problems for the low degree of coupling of the copyright system,the copyright system and the copyright system,the lack of conflict.Through the analysis of economic externality theory,it is concluded that positive correlation with the positive externalities shared by digital library development in digital library is the copyright licensing model,the range of copyright fair use system and the coupling degree of copyright system structure,and Digital library digital resources development share positive externalities negatively related to the factors that affect the copyright protection and copyright transaction costs.The concrete manifestation is as follows:First,the more diversified the model of copyright licensing,the wider the scope of application of copyright fair use system and the higher degree of coupling of the copyright system structure,the more the copyright system promotes the digital library development and sharing of digital library;The more restrictive the copyright licensing model is,the narrower and the narrower the scope of application of the system of fair use of copyright is,the lower the degree of coupling of the copyright system structure is,the more the copyright system hinders and inhibits the development and sharing of digital resources in the digital library.Second,the stronger the protection of copyrights to copyright owners,the higher the cost of copyrighted transactions,the more the copyrights system can promote the development and sharing of digital resources in digital libraries.On the contrary,the protection of copyrights to copyright owners The weakest,the lower the transaction cost of copyright,the copyright system hinders the digital library development and sharing of digital resources.In view of this,we should promote and strengthen the positive factors related to the positive externalities of digital library construction,and reduce or reduce the factors that are negatively correlated.Specific suggestions for improvement include:Adhering to the principle of balancing the interests of copyright owners and sharing achievements,Upholding the principle of proper protection of copyrights,broadening the scope of application of copyright restrictions,integrating various copyrights systems,expanding diversified copyright licensing models,reducing copyright transaction costs and enhancing the coupling of the copyright system.The third chapter analyzes and discusses the reasonable usage system of digital library.Reasonable use of the system encountered difficulties in the digital environment,leading to frequent copyright disputes in the digital library in the world,the legal system to solve the dilemma of digital library resources development is one of the most effective way is to reconstruct the digital library Rational use of the system.Through the analysis of the legitimacy of the rational use of digital library,we think:First,the fundamental purpose of copyright based on Locke's theory of labor property is to protect the author's natural rights is flawed.From a holistic perspective,copyright law is the law that protects creators,communicators and consumers.The realization of the fundamental purpose of copyright also depends on the balance of the interests of copyright,and there is no such thing as building a fair use system for digital libraries.Copyright owners,but to rectify the paradox of the expansion of the rights of copyright owners caused by the strong protection of copyright.Second,to construct a rational usage system for digital libraries not only helps to promote the development of the digital copyright industry and promote the development of the entire cultural industry Prosperity,but also help to respond to the needs of participatory culture,to encourage the public to participate in the process of cultural democracy;third,the rational use of digital library system does not have substitutability.After the extraterritorial study and comparative analysis of the reasonable use of the system of legislative model and the reasonable use of the judgment criteria,it is concluded that the rational use of the rule-based legislative model lacks the flexibility to deal with the copyright disputes in the digital environment and makes rational use of the rational use of the factorism legislative model.Element "criterion and the theory of transitional use provide a new way for solving the copyright problem of digital library.In the reconstruction of the guidelines for the rational use of digital library system,should adhere to the balance of copyright interests,the principle of proper protection of copyright and knowledge,culture and social sharing principles.In the choice of the rational use of the legislative model,we should adopt the legislative model that integrates regularism and essentialism so that the free space of legal interpretation can be organically integrated with the statutory provisions of law.In the choice of relationship between factorism and rule-making,elements and rules should be complementary,that is,elements are the supplement of rules.In the aspect of improving the judging criteria of fair use,a reasonable use of the "four elements"criteria and the theory of transitional use should be introduced.First of all,based on the enumeration-style rules,the general rules of fair use are added.Secondly,the purpose of the explicit conversion is to increase the expression of new works,and focus on the realization of new functions and values.When determining the user's use of the work Whether behavior constitutes conversion use should focus on whether the use of the work is alternative to the work,whether to give the work a new value and new functions;Third,clear that the Copyright Law is related to the rights of authors,disseminators and users of the law,To improve the disadvantaged position of the user,while protecting the copyright of the author,we can not ignore the maintenance of the user's freedom of expression and cultural rights.Finally,we should gradually convert the conversion rules into systematic standards and develop the rules of the case Become a rule of law.In addition,in response to technical measures to rationalize the use of space caused by rolling,should set the library to avoid technical errors of the copyright exceptions to meet the needs of the construction and development of digital libraries.The fourth chapter discusses the restriction of copyright content,the restriction of other copyright,the restriction of the licensing mechanism as the exercise of copyright rights,which is the key content discussed in this chapter.In the face of massive works in the information network environment,the issue of licensing has become a thorny issue in the development of the digital copyright industry.This problem is particularly prominent in the digital library digital resources construction.The inefficiencies and high transaction costs of the traditional copyright licensing model hampered the development of digital libraries and did not improve the imbalance in the rules of copyright ownership and communication in the digital age.In view of this,according to the new technical conditions,we should reform the legal rules of the copyright according to the characteristics of the new technological environment and construct an appropriate order among authors,disseminators and users in the digital age in order to reach the author and communicator in the network environment And the interests of users of the three balances.It should be stressed that the copyright issue in the digital environment takes place under the conditions of a market economy.In addition to relying on existing copyright law rules,the solution to the copyright issue in the digital environment should also consider the law of market operation.Therefore,to solve the copyright issue in the digital environment should focus on how to use market means to build a copyright licensing mechanism in line with the laws of the market economy within the framework of the legal system so as to promote the efficient and quick circulation of works.By examining the applicable status quo of the statutory licensing system for digital libraries,this licensing approach can effectively reduce the transaction costs of copyright licensing,solve the problem of obtaining the mass works,and provide the digital library with large-scale digital resources Development and facilitation,but also vigorously develop a Chinese literature resource base centered on Chinese information,promote the dissemination and exchange of science and technology,education and culture in our country,greatly safeguard our interests and enhance our cultural soft power.Therefore,according to the characteristics of information network technology,we can construct a statutory license specifically for digital libraries,and strictly limit its scope of application and specify its applicable programs.The applicable body of the statutory licensing system for digital libraries should be limited to public welfare digital libraries supported by state financial funds.For the for-profit digital libraries,specific solutions should be innovated and improved from the licensing model,including:Authorization offer model,copyright collective management model,book agency model,copyright compensation model,digital rights management model,open access model and creative sharing model for digital library.To solve the problem of digital library's license,we not only need to rely on the legal system to regulate,but also change the concept from the cultural awareness level.We should gradually emphasize the concept of the protection of private rights in copyright to emphasize the sharing of information resources and the increase of social welfare.In terms of creation,it is a group work that is concerned with the promotion of social welfare.The purpose of group work is not sporadic works,not dusty books in the library,or sleeping statues buried in the land,but cultural,That is,the vibrant unity that has been separated in its entirety and brought together with all cultural works.However,this unification does not exist in the work itself,but in the consciousness of concluding it;it does not exist in the individual consciousness which can not fully accept it,but in all the individual consciousness Inter-generational national consciousness connected to the sum of.In education,democracy,economic growth,health and welfare and personal development,resource sharing plays a decisive role.While perfecting the legal system of copyright,we should also develop a diversified mode of copyright authorization and clear the legal system obstacles in the development of digital copyright industry so as to merge the digital technology with the depth of cultural transmission and create a new situation of cultural prosperity.The fifth chapter is the foothold of this article,but also one of the main research difficulties.This chapter first describes the analysis of copyright problems the development of the Digital Library Construction and the process of integration of existing digital libraries in China development model,combined with the specific situation of digital library construction and development of our country,in our current copyright law system based on the Exploring the Improvement of Copyright Restrictions for Digital Library in China.At present,the copyright laws and regulations of our country have not stipulated the digital library directly,but the relevant laws and regulations provide a legal environment for the construction of the digital library.With the continuous exploration and operator's digital library,has also created a number of successful digital business model library,or authorized by law in the manner permitted under current copyright law system,or creative use of contract law or civil law open Innovative licensing mechanism,in order to solve the digital library digital resources and user service copyright issues.However,in essence,these digital library modes of operation are more of a tactic choice.To solve the problem of obtaining rights by optimizing the mode of authorization is also a helpless choice forced by the reality of the absence of law.In practice,it is also necessary to seek a fundamental solution to the problem from the legal system innovation.Judging from the current situation,in the absence of legal support,the construction of digital libraries in China is very difficult.Therefore,in order to build a modern public cultural service system and establish a cultural sharing project of information resources,we should make great efforts to develop digital libraries and enrich the information resources of digital libraries.We should improve the copyright restrictions for digital libraries.Specific measures include:First,improve the rational use of digital library system in the context of information resources sharing.First,improve the rational use of general terms,the reconstruction legislative model of fair use,improve the rational use of criteria,using the introduction of transformative theory;secondly,to improve the rational use of the system for digital libraries,digital libraries clearly defined eligibility for copyright restrictions condition.Second,to establish a statutory licensing system for poverty alleviation in digital libraries.First,the digital library should be deeply involved into rural cultural development,play a role in poverty alleviation and cultural public cultural service institutions,to break the unbalanced development of urban and rural culture,the culture of the countryside to accelerate the process,in order to promote the development of culture;secondly,for the development of digital books The specific plan of the museum to assist the legal system of poverty is to strictly limit the scope of the system,the scope of the group and the scope of the work,and clearly define the mode of use.Thirdly,we should construct an extension collective management system of copyright for digital libraries.While perfecting the system of collective management of copyright in our country,we should clearly define the specific content of the collective management of copyright extension,designate the executive body,strictly restrict the applicable conditions,specify the operational procedures and establish fair and reasonable licensing fee collection and profit distribution mechanisms.Fourth,build an exhaustive system of rights to disseminate information on the spread of digital works.Through the analysis of the relevant jurisprudence in Europe and the United States and the relevant legislative and judicial status quo in our country,we think that the right exhaustion system in the digital environment should be established.Since the first sale doctrine is essentially a confirmation of the original works and copies of ownership,is the treatment of the issue and ownership of conflict,it is not an independent copyright law limiting system,but exercise is necessary to make for distribution rights Supplementing and explaining reasonably,the First Sale principle applies only to traditional distribution rights.Further,from the perspectives of semantics,history,legal hermeneutics and transfer of ownership,it can be concluded that "distribution"can not extend to the virtual digital environment and the resale of digital works does not belong to the scope of distribution.Therefore,the traditional First sale principle.In order to maintain the balance of interests between the copyright owner,users and consumers,in order to establish a benign interaction mechanism between intellectual property law and the market,the principle of first-time sales should be improved and a limited use of information network dissemination rights should be established.With the deadline of the exhaustion of principles to meet the needs of the development of digital works in the secondary market.Fifth,to integrate the licensing mechanism of digital libraries,we can adopt the mode of optimizing the offer of licenses,the system of copyright compensation and the mode of copyright agency,and provide new solutions to the authorizations of digital libraries in our country by combining the new block chain technology.