The Legal Analyzed Of Zhengcheng-si Case

In the1990s, with the rapid development of computer, network communications and multimedia technology, it greatly facilitated and promoted the digital library development in the world. However, along with the rapid development of digital libraries, it brought on an enormous infringement disputes involved in digital library. In the environment of network and digital, the conflicts between the public demand for information and the protection of author's copyright are increasingly acute, so how to balance the conflict of interest becomes the law issues of common concern. This paper by analyzing the case of Zheng Cheng-si investigates the outlet of digital libraries and the perfection of Copyright Fair Use in the networks, wishing to find a path to balance between the appropriate protection for the copyright and the public access to information.Studying the case, the author identify the focus.Three focus as follows:First, whether the correction of the notarized documents the force of law? Second, the digital library use of Zheng Cheng-si work is a reasonable use of copyright or copyright infringement? Third, the legal basis for the amount of tort damages is correct? For the first focus, the author believes that No.09065 certification should be revoked and the notary public notarized a new instrument. For the second focus, the author firstly analyzes the nature of Beijing Digital Technology Co., Ltd and identify it is a corporation, so its digital library is also operated for profit,to deny the public welfare; then analyzing from the perspective of copyright fair use, denied reasonable use; finally analyzing from the perspective of copyright infringement,maintaining it. For the third the focus, comparing information Network Transmission Right Infringement to the traditional copyright infringement, it is inappropriate to for remuneration of the standard statutory damages.Finally, the case triggers thinking: where is the outlet to digital library? Resort to copyright collective management organization; In my opinion, it should add a legal provision:"and the other belongs to the rational use of the case"; the standard of Copyright fair use re-identified.