Analyses Of The Theory And Practice Of The Library Copyright Interest Balance

This dissertation systematically analyses the origination and developmentof copyright interest balance both theoretically and practically, and studiesits outstanding manifestations and its problems in the digital network.The paper comprises six chapters. The chapter One briefly proposes theconcept of Library Copyright Balance and the social reasons of this theory. Basedon these ideas, the author looked further into the inner relationship betweenlibrary and the Copyright Law, and got the conclusion that Library CopyrightBalance is the concentrated expression of these two.According to the three characters of law, the chapter Two discusses thatinterest balance principle is theoretical foundation of the essential expressionof the library copyright balance spirit. The judging criterion of behaviorrelationship is a micro way to analyze the copyright balance.By the reciprocitybetween right and duty leads to realize copyright balance. Besides that thefunctions of economy and technology on Copyright Interest Balance are alsoexpounded in chapter Two.From the chapter Three, this paper goes into practical analysis on librarycopyright balance. This part pays great attention to deal with the CopyrightInterest Balance when libraries digitalize their own information sources andpurchase electronic databases from publisher.The chapter Four studies several kinds of manifestations of CopyrightBalance in the process of library information service, and analyses the effectson maintaining library copyright balance by "license contract"and the LegalPermission's function in protesting public interests and the decrease of ProperUse by network.In chapter Five, this paper firstly analyses the localized quality of law,then points out the displays of favoritism and delay in Copyright Law when thelaw was used to deal with Library Copyright Balance problems in digital andtechnological environment.The last chapter summarizes the long-term significance of Copyright InterestBalance in the knowledge economy, and indicates its importance in library sciencedomain and in the development of the whole social science and culture.