Research Of Juristic Questions Of Digital Library In Right To Network Dissemination Of Information

As the development of internet and computer technology, the human race has entered into a new era with massive information, the way that people obtain and spread information has changed greatly, meanwhile many new things arise. Regulations on The Protection of The Right to Network Dissemination of Information has been put into effect, it protects the copyright owner's right of transmitting his/her work, and prevents such work from being transmitted with out permission. Digital library is created in this new era, it has great advantage in processing information, administration, transmitting, so it has been widely recognized, it has great storage power, the numerical information that it could store include script, image, video, audio, it enables readers to read without the need to walk out of their home. However, under the circumstances, the legal problem that digital libraries face is also hard to resolve, as digital libraries have been in many dispute with the copyright owner regarding the right to network dissemination of information, so it is quite important to understand the relationship between digital libraries and the right to network dissemination of information, and must find out the development tactics that the libraries should put into practice.This article is divided into four parts.The first part introduce the case Chen xingliang vs. digital library of china, including the basic circumstances of the case, the focus of the case, controversies and differences of opinion and some caused consideration. Through the analysis of the case, this part specifies the ability of digital libraries under the circumstances. So we need to analysis the relationship between digital libraries and the right to network dissemination of information.The second part analyses the national and international legislation, the subject, object, character and content of the right.The third part analyses the concept of digital library and the relationship between digital libraries and the right to network dissemination of information, why disputes are likely to happen, it points out that the essence of the conflicts is the conflicts between public interest and private interest, the forms of the conflicts have been itemized.The fourth part analyses the restriction imposed upon digital libraries by the regulation from the perspective of libraries, and it suggests some measures that libraries could take. Such as using the terms concerning reasonable use of those information, or obtaining authorization directly from the author, or obtaining authorization through collective administration organizations of copyright holders.