The Conflict And Coordination Between D-lib Fair Use And Copyright Owner

With the change of the public reading,digital library is becoming more common,and the scale of digital library is becoming more and more large.Along with the expansion of the rights of the copyright owner and the change of the ways of using works,some behaviors seem to be fair use from public and the digital library perspective,which seem to be infringement from copyright owner.That creates a conflict of the digital library and the copyright owner.After "the copyright law implementing regulations" article 21,the “copyright law modification draft” joined the "three inspection".If passed,the draft will provide the law standard of judgment,for our country judicial practice to determine a "fair use".But this standard is unspecific,which needs to be detailed.In this paper,literature study was used to collect,study and summary the literature related to the rational use of digital library.This paper uses the case analysis,to collect,analysis and summary the cases of infringement lawsuit between digital library and the copyright owner.And using system analysis method,interview method and deductive method,summarizes that the conflicts between rational use of digital library and the copyright owner mainly focus on three kinds of copyright,namely the right of communication through information,the copyright,and the right of remuneration.Causes of conflict include the following five aspects:(1)ease of digital library brings that the public wants more work digital,(2)the necessity of fair use of digital libraries prompts the public wants more work into the scope of fair use,(3)characteristics of the rights of the copyright owner narrow the scope of fair use of the digital library,(4)the standards of determining whether it constitutes fair use are not unanimous,(5)current law is not perfect.Considered of that,this paper suggests the criteria of delimitation boundaries of fair use of the digital library from five aspects: the standard of the purposes of using works,the standard of the nature of the works which are used,the standard of the degree of using,the standard of the impact on works and the copyright owners,and the standard of the subjective attitude of using works.Using interview method,the difficulties in digital library construction and fair using works are understood.Using inductive method,and empirical approach,view of citizen about the fair use in copyright,the using habit of citizen about digital library,and their suggestions about improvement to the library are summarized.Based on that,this paper concludes that the solutions which are put forward by the scholars,which are bringing in statutory license institution,bringing in “opt-out” institution,and bringing in copyright outstretched collective stewardship institution,cannot solve the conflicts between the digital library and the copyright owners completely.At last,this paper puts forward specific improvement advises,based on the copyright collective stewardship institution,to balance both side,and solve their conflicts radically.So that,the ultimate aims can be achieved.Those aims are inspiring copyright owners to create,and creating a harmonious and convenient learning environment for the public.