On The Fair Use In Digital Library

It's of important significance to develop digital library in information era. However, there isn't any explicit stipulation about the problems relating to copyright during the operational process of digital library in the current copyright law of the People's Republic of China. How to define the scope of fair use involved in digital library's operational process is the very question to be investigated in this paper.Besides preface and conclusion, this paper consists of four chapters:Chapter one presents an overview to digital library with a definition of digital library, differentiations from traditional library, and functions of non-profit digital library in supplying information and popularizing cultural education, etc. Then the important significance to develop digital library in information era is pointed out to be a logic foundation on which the urgent necessity of legal regulations against the social relations derived from digital library can be proposed.Chapter two illustrates dilemmas confronted in the fair use of digital library as well as the reasons contributing to the existence of fair use. First, the connotations, jurisprudence groundwork, and judging criterion of fair use is introduced briefly; then it's proposed that the dilemmas of fair use in digital library results from the extensive adoptions of technological protection measures and net-contracts; finally reasons for the existence of fair use are analyzed from four aspects to demonstrate the significant importance to retain fair use system in digital library.Chapter three probes into the fair use problem involved in the operational processes of digital library, namely the digitalization process of library collections, collection process of internet resource, internet browse and interlibrary loan from both the construction and utilization angles of digital resource.Chapter four suggests ways to better improve fair use system in digital library in China by initiating an indication about the attitudes to be adopted towards fair use in digital library and then following with some tentative proposals to enhance fair use system in digital library by copyright law of the People's Republic of China from aspects of both legislation style and content.