On Copyright Limitations And Exceptions For Library System

Claimed philosophical theory, any rights are not absolute, butrelative. Law is generally accepted that copyright is a kind of civilrights, is a kind of private rights of the copyright owner, hasexclusiveness. However, in terms of human cultural heritage, the authorshave the exclusive rights, transferring a portion of the right to dosomething for the community obligations, does not harm the fundamentalinterests of copyright holders, and will have a huge socialbenefits.Early in the design of modern copyright law, under the "balancedspirit" developed a system of limitations and exceptions to rights, tocoordinate the interests of copyright holders and public interests, soas to achieve a balance between the two interests.Public service library carries the heritage preservation and culturalheritage of mankind functions as a nonprofit organization of publiccultural services, and has become an important subject of copyrightlimitations and exceptions system. This thesis focuses on the behaviorcontrolled by copyright law of library resources and services during theconstruction process, and expound the lack of China’s "Copyright Law" and"Information Network Transmission Right Protection Ordinance" and otherrelevant laws for copyright limitations and exceptions,and propose legal advice.This paper includes an introduction, the main text and the conclusion.The introduction analyzes the purpose of the paper and issues thatwill be discussed.The main text includes five parts.ChapterⅠ. Library applicable copyright limitations and exceptionslegal background generated by the system, as well as the legitimacycriteria. This chapter discusses the background of copyright limitationsand exceptions for library system is in the interest of balance betweenrights holder’s and public; analyzes the legitimacy for librarycopyright limitations and exceptions based on human rights, marketfailure, public interest aspects; discusses the library copyrightlimitations and exceptions applicable international criteria are"three-step test," U.S."four elements" standard, and discusses the "fourelements" standard in China using judicial practice.Chapter Ⅱ. Library information resources construction and serviceprocess controlled behavior by copyright and related laws and regulations.This chapter describes behaviors of library controlled by copyright laws,including the digital library resources, installation of digital products,download of online resources in the process of copying, as well as publicexhibitions, screenings, dissemination of information through thenetwork,resources through interlibrary loan network. Analysis of therelevant provisions of the current copyright law, and came to theconclusion of a library implementing specific behaviors applicablecopyright limitations and exceptions have to meet three requirements.That one, the use have to be in accordance with the relevant special case;Second, the use of this particular case dose not affect the copyrightowner’s normal use; Third, the use does not unreasonably prejudice thelegitimate interests of the copyright owner.Chapter Ⅲ. Library information resources construction process applies copyright limitations and exceptions possibility analysis andlegal advice. This chapter mainly analyzes "for the display or savedversion requires copy","copy for the production of Abstract Database ",and legal advice.To identify gaps in the law, and put forward legal advice.View that the Legal should expand copyright exceptions and limitationsthat existing library collections digitized; clearly defined library for"making abstracts database and replication" as the legitimate body;clearly defined library "for the private study, research dubbing" as thelegitimate body; clearly defined library "for the classroom teaching orscientific research copy" as the legitimate body.ChapterⅣ. Library Services process for the possibility of copyrightlimitations and exceptions analysis and legal advice. This chapteranalyzes the "collection of legitimate digital products provided to themuseum premises","information network dissemination of abstractsdatabase","exhibitions, screenings" and "as interlibrary loan and copy"behaviors, to identify the relevant provisions of the law deficiencies,and legal advice. The author view that the Legal should expand the existinglibrary network dissemination of information; explicitly stipulates that"abstracts database allows the library to network dissemination ofinformation"; clear that the library part of the exhibition, showing thebehavior of copyright limitations and exceptions applicable;Supplementary Regulations "as interlibrary loans copying "copyrightlimitations and exceptions applicable.ChapterⅤ. Conclusions of the thesis. Copyright Law of China provisionson limitations and exceptions to copyright for library, have manydeficiencies, such as narrow, less content, rough, etc. During theconstruction process of library information resources and services,involving replication, exhibitions, screenings, dissemination ofinformation networks, and many other issues, according to the existingprovisions of the law, libraries have some difficulties to act these activities. With "four elements" as the standard to explore library canbe applied to copyright limitations and exceptions should be the libraryway of rational use. Laws should be based on the existing legal provisions,expand the scope of library on copyright limitations and exceptionsappliance;clearly define limitations and exceptions that libraries mayclaim; supplementary provisions library limitations and exceptions mayapply. Copyright Law of China is going to be the third amendment.To buildthe legislative framework applicable to our library of copyrightlimitations and exceptions, is very necessary.