The New Development Of Copyright Restrictions And Exceptions For Library And The Response Of Our Country

Copyright restrictions and exceptions for library is a part of copyright law.The main criteria are that library uses copyrighted works legally to preserve and provide works with the aim to carry out public cultural services.That include the use of restrictive behavior and the use of exceptive behavior.In order to play good use of library functions of public cultural services,and improve public individual needs and the economic benefits growth in a free circulation of culture.I wrote this paper.In this paper,the first part is introduction which is about the background,significance and literature.The second part introduces the evolution of copyright restrictions and exceptions for library from the Berne convention and the Universal Copyright Convention,the TRIPS agreement,the meeting with WIPO Standing Committee on Copyright and Related Rights in recent years,the analysis of whole process elaborates the connotation of copyright restrictions and exceptions for library and the trend of the current international system needed to be updated.The third part through the EU Directive and US cases study made a conclusion that copyright restrictions and exceptions for library of the international law system has some problems,such as structure defects,weaker applicability,dissatisfying the special needs in digital surroundings,and single content.Those troubles cannot be unified member countries legislation and made difference in content by themselves.The fourth part introduced the WIPO Standing Committee on Copyright and Related Rights research and meeting documents in recent years,to discover and explore the development of the system of copyright restrictions and exceptions for library.They brought forward the value goals of ‘for a bigger public interest',explaining the three-step test in the process of exercising library rights,open and flexible exercising this right,and enjoying more special digital rights.The fifth part describes deficiencies about our country copyright restrictions and exceptions for library,including unconspicuous position and role of library in the copyright system,lack of the legal structure and content,and unconformity of demand for the development of library cause.In order to cope with the trend of the international organization about copyright restrictions and exceptions for library,the sixth part is my simple views with measures,which discuss three portion.First is the updating about our copyright law in related rights.Second is the basic spirit.Third is concrete right.Finally,I hope those information could be worthy.