The Research On Fair Use Of Digital Library

Digital technology and network communication technology has greatly promoted the development of the digital library.? Digital Libraries break the limit of time and space, and played a important role in dissemination of information resource. However, during the construction and serving the readers, some behavior of digital libraries possibly not be tolerated by the present fair use system of copyright law. In order to make the fair use system continue to keep the balance between the copyright owner and the public, we will discuss the problems which digital libraries maybe encountered during construction and serving the readers, describe the shortcoming of fair use system in present digital library area, and analysis the judgment standard of fair use, to resolve conflicts between the behavior of digital libraries and copyright law in framework of fair use system.The thesis is composed of three chapters, the main content is as follows:Chapter one analysis the present fair use system in digital library. Firstly the chapter introduce the model of development and the classification of digital libraries, and analysis the affection which the'public welfare'and the'benefical'affect the main body of digital libraries, then discuss the characteristic of the present fair use system in digital library, it contains the pure regular principle legislation and the legislative idea which focuses on the right of duplicate. In addition, the present fair use legislation is a little strict.Chapter two discuss the judgment standard of fair use and its application in digital library. Firstly, the chapter analysis the application will encounter legal and technical measures trouble, secondly explain the necessity and possibility of the application. Then interpret the'three-step test', and use the four factors in U.S. copyright law to analysis the Google digital library project, review the judgment standard of fair use in U.S. At last, the chapter discuss the conflict between the behavior of digital library and the right of duplicate and the right of communication which is controlled by copyright owner.Chapter three gives some advice to make the fair use system in digital library more perfect. The chapter introduce the fair use system in U.S. and Australian, and then gives some advice, first, reference factors model of legislation and extension system, second establish the exception about technical measures in digital library, third, expand the present list of fair use in digital library.