Research On The Fair Use Of Works In Digital Library

The 21 st century is an era of explosion of information resources.The development of digital technology has spawned a new type of knowledge distribution center,such as the digital library.It breaks through the boundary limitations of traditional libraries,and changes the way of acquiring knowledge and disseminating information greatly.The construction of a digital library requires a large amount of collection resources as a backing.The acquisition of collection resources mainly depends on the digitization of works,and then the use of information technology to spread out the digital works,provide it to the public,and promote the sharing of information resources.However,under the network environment,the protection of copyright holders has been strengthened by the Copyright Law,which has made the protection of the interests of copyright holders in China expand.The copying and dissemination of works in digital libraries have been restricted to varying degrees,which is not conducive to the public.Access to information resources.At present,there are certain deficiencies in my country's fair use system: first,the rigidity of the legislative legislative model,which leads to inflexible judgment standards;second,the library provides readers with limited works and can only be limited Within the building,the scope of reasonable use is relatively small.Third,the excessive use of technical measures by copyright owners has hindered the space for digital libraries to obtain resources to a certain extent.By comparing the rational use system of our country with other countries and regions,we can get the following inspiration: First,the factorist legislative model is more flexible than regularism;second,the adjustment of the reasonable use of works should take into account changes in the rights of copyright holders;Third,libraries can circumvent technical measures;fourth,the rational use system should be adapted to the characteristics of technological development.On the basis of adhering to the principle of balance of interests,it is proposed to amend and improve the above problems from the following three aspects: first,choose a comprehensive legislative model of regularism plus factorism,and introduce the US "four elements" and "convertible use" To adjust the judgment standard;second,expand the reasonable use of the work and give the digital library the right to evade technical measures under certain conditions.Third,moderately introduce the legal licensing system and copyright collective management system into the digital library to assist in the implementation of the fair use system.