Research On Legal System Of Public Lending Right

Books can be lent to readers free by public library, but this act of lending affects the selling of the works and discourages the creativity of authors. Therefore, advocator of public lending right advocates that authors should be titled to remuneration due to multiple use by his works. The definition of"PLR"is that one right enjoyed by copyright owner to obtain compensation from the government because of his works'reuse in library. The process of legislation dealing with PLR just lasted about ten years. From the first lawmaking of Denmark in 1946, PLR has been paid more and more attention by scholars all over the world; as a result, they try to discuss this right theoretically, and confirmed in legislation.According to the current legislation, intention of and principle adopted by countries have many differences, which results in divergence on regulations of objects and subjects of rights and subjects of obligations. Various reasons, including the development of library (especially public library), the expansion of copyright protection, government willing of supporting cultural undertakings by country funds, the enhancement of culture protection, collective activism trend accelerate the legislation of PLR.In Germany, Austria and Holland, the PLR is the exclusive right of copyright owners. Under the principle of protecting copyright, PLR, belonging to the system of copyright, focuses on safeguard of the lawful interests of copyright owners, not on relief and subsides. The Britain and some countries of Northern Europe insist social welfare policy as the legislative principles. That means separate legislation on PLR confers all kinds of works involved in public lending on protection of"Quasi copyright", that is, authors only have right to obtain remuneration, not exclusive right. In addition, Canada, Finland and Norway make PLR some cultural policy, consisting of two modes----culture rewards, to maintain continuity of national culture (the country encourages the creation of native language and national cultural style works) and culture protection, to protect the own country's culture from the impact of foreign culture. However, no matter what principle the legislation of PLR is based on, disputes never stop. For instance, for in one hand, scholars advocating to establish PLR system do research on the close relation between PLR and copyright, which is certain. However, if PLR is brought into copyright system, it will be hard to practice and not comply with social and economical situation of one country; in the other hand, scholars opposing the PLR do not prove that neither legislation of PLR is necessary nor PLR and copyright can t be compatible. Meanwhile, disputes on social policy and culture policy principle of the PLR can not be solved.PLR, as one right of intellectual right, should be in accordance with the national development situation and weigh balance between public interest and personal interest. The establishment of PLR in our country will be confronted by many difficulties, such social values, economic development level and current legal system, but it can not prevent the searching on PLR system and trying on legislation and policy. As the trend of development, legislation on the PLR is imperative. We should make bold attempts on contents and system of PLR. By the compensation from government, we should promote creation of works, make full use of advantages of collective management of copyright and perfect the legislation of PLR, which can either ensure economy and culture rapid development or protect the rights of owners and promote the creation of new works.