The Institutional Design Of Public Lending Right In Digital Environment

As early as the 19 th century,with the rapid development of Europe’s economy and science technology,the public library increasingly perfect.At the same time as the legal consciousness of people is growing,the public lending behavior of public library have produced a conflict of interest between the copyright owner and the public library.As contradiction intensified with the progress of social civilization, some scholars in the early 20 th century proposed the suggestion that”public library lending books should pay the remuneration to the authors”.Then Denmark take the lead to implement the public lending system of compensation.So far,at least 50 countries around the world acknowledged public lending right in their legal system.Due to the regional and national differences,our country is not yet developped public lending right system at the legislative level.But as early as the early 80’s,some scholars have discussed on it. Later, as China entried into the world trade organization, signed the agreement on trade-related intellectual property rights, the promulgation and implementation of the information network transmission right protection ordinance, our country has entered a new period to research the public lending right system.In contemporary China,the economy and high and new technology development located in the front of the world.The digital library arises at the historic moment,and get rapid popularization.As a product of high and new information technology,digital library is different from traditional common public library.It is easy to abuse the information network transmission right and other works of the property rights of the copyright owner,as the form of its information carrier is diversified and the way of lending books to the public is networked, and caused great damage to the economic interests of the copyright owner, thus to make our country be badly in need of a reasonable system to protect the interests of the copyright owner. Regardless of library world, the press or legal profession is looking for a win-win mechanism to make up for the losses of the interests of the copyright owner reasonably,as maintaining the digital library as well as the public welfare of the public library.The heart of the controversy between the digital library world and the copyright owner in the issues of borrowing electronic digital library resources is how to establish a reasonable system of digital library,to adapt to the changes brought by the development of science and technology.The new system at the core of the first is to ensure that the public has an equal opportunity to read,but also should ensure the sustainable development of the electronic resources market.Therefore,on the basis of the existing system of copyright in our country,whether can use public lending right system to solve the copyright issue in the development process of digital library is more deserving of research.The full text is divided into four parts:The first part,the development and the research status quo at home and abroad of public lending right system.Mainning discuss the course of generation of public lending right in Europe and the situation of development at home and abroad.Elaborate on types of foreign legislation on public lending right and the research characteristics,and different perspectives and research findings of the regime in the country.The second part,reason of the difficulty to establish public lending right in our country.To analysis the difficulty to establish the public lending right system in our country from the aspects of the copyright owners,public libraries, copyright management organizations, egal and financial support and so on.The third part,digital libraries and the sense of building public lending right in digital environment.This section first discusses the characteristics of digital libraries and the significance of its establishment.,and conflicts between the public lending behavior and the interest of copyright owners.Then discusses the significance of the establishment of the public lending right system in the digital environment.The forth part,the feasibility analysis and system design for the implementation of public lending right in the digital environment. Respectively,analyze the feasibility of the implementation of the public lending right system in our country in terms of technical,economic,legal,etc.Finally,proposed my proposal to the establishment of public lending right in our country.