On Legal Issues Academic Database Rights Restrictions

The protection for rights and limitation thereof are everlasting topic of law, rightssince the day of birth infinite extend is its one of the born attributes, but the existence ofpublic benefits makes absolute rights become impossibly. The database industry is to besubjected to Copyright law’s protection of emerging industry, its rights is in the Copyrightlaw of strict protection and in the customer’s gradual dependence become abnormalitystrong, its rights has already hurt a social public benefits. Institutions of higher learningand Research institutes are the academic database’s main customer, the database publishermakes use of the advantage of "information monopoly" and takes no cognizance theexistence of public benefits, reckless markup behavior and falsely when compete havealready seriously threatened the effective dissemination of knowledge, obstruct a scienceacademic progress. Because the business academic database is a kind of the merchandisein market economy, though it has already hurt a social public benefits, while the attributeas a common merchandise make its many behavior can not apply market economy laws tothe check and supervision.This text carried on thorough analysis of Copyright law lawmaking essenceconcerning right restriction in method, benefit balance this core spirit set out from theCopyright law and combine Reed Elsevier publication group and CNKI company in Chinaas two typical model cases, make public to various unjust phenomena in the academicdatabase industry chain. At the same time, academic database industry not-rationaldevelopment bring profoundly influenced to Public social. After in-depth analysis andmining, the author points out that the database for academic publishers are not without lawto restrict channel, but the key from the rights protection is deviated from the originalintention of the copyright law legislation, and found that the existing copyright law defectand deficiency, in order to find the solution through legal channels. Finally, for learn theprofound influence that the database industry results in to the our country, and putsforward including the copyright law modification and adjustment of governmentprocurement, database legislation and library law legislation and a series of countermeasures.