The Copyright Infringement Problem Of The Digital Library

Under the network environment, the Digital Library is a new library which has the same purpose but different development mode comparing with the traditional library. The Digital Library with its non-traditional develop mode, has a question in using nonprofit nature of the traditional library. Because the nature of the Digital Library should not be a unified definition, the result of its dealing with books and servicing for readers is difficult to apply "Fair Use ". Therefore, the authors have had fierce conflicts on the relevant intellectual property rights, which caused a series of copyright disputes. This article on copyright infringement case of the Digital Library ltd. of China v. Chen Xingliang , which is a mirror, to analyze the problem about the Digital Library currently faced and to discuss how to make the law perfect in-depth.Two main lines from the article to start:The plaintiff's claim of the case: the conduct of the Digital Library is a profit-making nature - illegal use of his works - copyright infringementThe advocate of the defendant: Digital Library is a general trend - the same purpose with the traditional library - the nature of the popular public library - the application of "Fair Use" -no infringement.Starting to introduce from the main line of article text on the content involved, analyze and discuss them. To the copyright mode of our country in the Digital Library, I have analyzed and put forward recommendations.The article includes five parts.First of all, the first part of this article introduces Chen Xingliang ,a Professor of Beijing University ,think the "New Horizons on Contemporary Chinese Criminal Law" etc. had been infringed upon his copyright by China Digital Library ltd. The part have introduced the lawsuit process and the claim of the plaintiff's and the defendant's reply, as well as the investigation and final adjudication of the court.The second part of this article introduces the nature of DL .On the basis of analyzing mainly the concept and features of the Digital Library, it leads to the current controversy over the nature of the Digital Library about profit or nonprofit and makes my views.The third part of the article introduces mainly Fair Use of the Digital Library. Above all, to introduce the controversy and to analyze two different opinion on the nature of "Fair Use" .To Learn about the current point of view of "Fair Use" and to know the general provisions and principles of the present laws in our country, combining with "Fair Use" of the other countries to make our laws perfect and provide appropriate suggestions for the Digital Library.The Part IV of the article introduces and analyzes the mode of copyright solution of the Digital Library. These modes mainly relate to "The Dissemination after Authorization"," the Offering of Authorization", "the Authorization of Publishers", "Return Authorization" and "All of Authorization" mode etc.The final part of the article makes some suggestions for the copyright protection problem of the Digital Library. It includes laws and regulations, the technical defense measure and some human factors of the Digital Library. The Digital Library can be open to its nonprofit users and to prevent against the profit business to try to avoiding violate the interests of the copyright holders. At the same time, in order to building a better future of the Digital Library. The libraries should take an active part of making laws and regulations and proposing the legislative proposals and judicial recommendations.