Research On The Copyright Infringement Of Digital Library

Compared with the traditional libraries, the digital libraries, the creatures of the age, have changed the way people access knowledge and brought considerable convenience to people's life. However, such convenience has exerted a great impact on the copyright protection in cyberspace. Lately, a number of cases of infringement concerning the digital libraries have been widely reported by the media, which raises the question that how a balance could be stricken between the copyright protection and the public benefit so that the rights of the copyright owners will be well protected and the digital libraries can maintain a good momentum of development in its effort to disseminate knowledge.This paper analyses the disputes in the case of Li Mingsheng v. Beijing Sursen Digital Technology Co. Ltd. (Sursen Digital for short) and Beijing Sursen Network Technology Co. Ltd. (Sursen Network for short) for copyrights infringement where the plaintiff claimed that Sursen Digital and Sursen Network infringed his copyrights for using his works unauthorizedly, whereas the defendants argued it was lawful for them to use the plaintiffs works on the account that Sursen Network had signed a contract of authorization with the author. This paper analyses the problems the digital libraries are encountering in the protection of copyrights, and correspondingly, makes tentative proposals about how to solve the problems to ensure the sound development of the digital libraries.This paper is composed of four major parts:Part I accounts for the process of the legal case in which Li Mingsheng sued for protection of his copyrights, the court verdict and the focus of disputes. Through study the case, there are four controversial focus:First, there are two or more standard terms for interpretation, how to explain? Second, whether one of the co-author to give up their copyright? Third, whether the Internet company is eligible party? Fourth, what is legal effect of the arbitration clause?Part II analyses the legal problems arising from the disputes. Mainly from four aspects:the rules of interpretation about the standard terms, whether one of the co-author to give up their copyright, whether the network company should be responsible for the case, and the legal effect of the arbitration clause and so on.Part III discusses the rights to network dissemination of information and their fair use, and put forward their own views.Part IV makes suggestions on the copyrights protection concerning the digital libraries, including perfecting laws and regulations, setting up collective management organization of copyrights, strenghtening technical protection measures, create hige-quality talent, improve the sense of abiding law as well as study the foreign copyright protection methods, and through the above methods to look forward to put constructive advice and feasible means for the healthy development of the digital libraries.