On The Conflict And Balance Of Interests In Copyright Protection And Information Resource Sharing

The author intends to commence with the rationality of the copyright protection and information resource sharing, taking library for the main research object, analyzing the conflict and balance mechanism of interests in copyright protection and information resource sharing, in order to offer the basic theoretical frame to promote the protection of copyright sufficiently and give the public more information in the information society.The author firstly uses John Locke's labor theory of property as the theoretical foundation and uses the economic approach to expound the rationality in private right protection of copyright. Then, the author sets forth the rationality of information resource sharing from such aspects as the public attributes of information resource, the citizens' right to access information and to be educated. The author makes a jurisprudential considering to the conflict of interests, meanwhile in the author's opinion, there is reciprocity in conflicts of various rights, so we should establish a compatible passage between copyright protection and information resource sharing to realize the coexistence of different subjects. Then the author analyzes the various forms of conflict of interests in the information society. The author also tries to establish rational balance mechanism of interests between copyright protection and information resource sharing, basing on making balance of interests as the foundation of the theory of copyright law. By analyzing the fair use and statutory license use, the author suggests some restricts to copyright should be madein the law in order to protect the sufficient realization of public information resource sharing. At the same time, some copyright protections are expanding to cyberspace, accordingly, the author considers that fair use should be applied to cyberspace too. Moreover in the aspects of the building of the system, the author advocates we can establish public lending right system in our country, and should pay great attention to control the abuse of copyright. In addition, the author discusses the problems of copyright considered in the works digitalization and web information transferring in the construction of the digital library. Lastly the author puts forward a project to harmonize.