research on the copyright protection of the digital libraries

1、<p>　　Research on the copyright protection of the digital libraries</p><p>　　Abstract. With the rapid development of Internet technology， the network technology and the digital technology is more and mo

2、re widely applied and the human society has entered the new era of the informatization development. The information revolution in this period is mainly the change of the method of the information acquisition and the info

3、rmation transference. The digital library is the product of these new technologies. The digital libraries are quite different from the traditional librarie</p><p>　　Keywords： Digital library； copyright； trad

4、itional library； construction of the information resources； rational use </p><p>　　At the end of the last century， the exploration and research of the digital library has been launched in the global scope. T

5、he digital library is the organized information collection， and provides the information inquiry service for the people， and the information is stored in digital， for the access of people through the network to read. The

6、refore， while the digital library is constructing the digitization of the information and providing services and other related work， it is directly related </p><p>　　This paper firstly analyzes the concepts

7、of the digital library and the relationship with the copyright， and then puts forward the problem of the copyright protection of the digital library. Finally， based on the analysis of these problems， the measures come up

8、. </p><p>　　1. The concept of the digital library and the relationship with the copyright 　　The putting forward and the development of the concept of the digital library are closely related to the developme

9、nt of the technology and the internet. In the seventy's of the last century， American Ministry of national defense and the science foundation， association jointly creates the large computer networks， which was initia

10、lly to share the database between the local institutions and the center， in order to save</p><p>　　After these years of development， the digital library has introduced many advanced techniques and facilities

11、， but ignored the legal environment that has a direct impact on the digital library. The copyright is the right that the legal subject enjoys of his works， which has the specificity， time， regionalism and other inherent

12、characteristics， and these characteristics in a certain extent has conflicts with the digital library， which is mainly manifested in the following areas： 　　First， the attr</p><p>　　Second， it is the conflic

13、t between the lagging behind of the copyright and the working mode of the digital library. Because of the conservation of the law， its development lags behind the actual situation. The digital technologies in the digital

14、 library change rapidly， and the development of legal adjustment will not follow the situation. </p><p>　　But overall， the relationship between the copyright law and the digital library is complementary to e

15、ach other. The copyright is the fundamental guarantee of the information dissemination of the libraries， while the information collection and dissemination of the libraries is the key to the realization of the copyright.

16、 </p><p>　　2. The problem of the copyright protection of </p><p>　　the digital library </p><p>　　In recent years， the contradiction between the digital libraries with the copyright

17、is more and more fierce. In 2002， the professor in Peking University Chen Xingliang sued the China Digital Library Limited Liability Company to the court， which is the first time to initiate the legal action on the digit

18、al works， and got the win. Then in 2009， the Text Copyright Association negotiated with the Google Corporation on the digitalization of China copyright books without authorization. </p><p>　　The digital libr

19、ary has greatly changed the deficiency that the resources of the traditional library are limited， and the literature readers and the borrowing periods are limited and so on， which breaks through the constraints of the ti

20、me and the space， providing greater convenience for the readers. If the digital library is referred to as a huge resource database， the individual of the data does not have the problem of the copyright， but in fact the d

21、igital information also includes a plurality</p><p>　　The digital library is the large-scale database built through the processing and improvement according to the needs of the state and the society， and bas

22、ed on the study of the Chinese and foreign literatures. The digitalized processing of the literature resources is the replication process of the documents， and the digitalized products are a form of the reproduction. As

23、in the provisions of the "Copyright Right Law of the People's Republic of China"， "Unless there are other provisions of the cop</p><p>　　2-2. The problem of the copyright in the process of

24、 the information network dissemination </p><p>　　While the digital library is managing the data in the network platforms， often it will put a hyperlink， allowing the users to selectively access the informati

25、on stored in different servers， and these hyperlinks may be the "shortcut" to another web site. This behavior without permission will involve the issues of the infringement of the copyright. Many people in the

26、industry believe that the hyperlink that skips the home page and directly lead the readers to the paging is a tort， and to solve thi</p><p>　　3. The solution to the copyright problem of the digital library &

27、lt;/p><p>　　The fundamental reason for the copyright problems of the digital library is the difference between the two kinds of systems， that is， the conflict of the two in the interest of the group. The copyri

28、ght system starts from the interest of the authors， and is established to protect the rights of authors. The library system is set up mainly by the administrative means， with the protection of the readers' interests

29、as the core. When we are fully aware of the essential differences of the two systems， </p><p>　　On the one hand， strengthen the legislative work， and establish and perfect the copyright licensing modes. In t

30、he digital library， a large amount of literature is stored. In the application， we are faced with the man of the problems with the copyright. If we sign the licensing agreements with the authors one by one， in practice，

31、it is hardly possible. Therefore， if we can introduce the copyright collective management organizations as the middle managers， for the centralized treatment of the copy</p><p>　　On the other hand， the digit

32、al library should establish the system of fair use. Fair use is to establish a balance between the creators and the users of the product， and the copyright law is a management system to balance the personal interest and

33、the social public interests. The digital technology makes all kinds of literature works easily copied and transmitted， and a lot of copies of low cost and poor quality are widely spread， and these unreasonable uses break

34、 the balance of the interests of</p><p>　　4. Conclusion </p><p>　　To make a long story short， we should analyze and conduct researches on the problems of the copyright protection that the digita

35、l library faces， find out the crux of the problems， and propose the solutions， which are not only the responsibility and obligation of the legal workers， but also the common aspiration of all the readers and the creators

36、. In terms of the copyright protection of the digital library， we should not only deal with the problem of this special status of the library itself， bu</p><p>　　References </p><p>　　[1] Jia Zen

37、gsui， Wu Xiangjun. Theory of the copyright and the rational use under the background of the digital libraries [J]， Hebei Science of Law， 2003， 01 </p><p>　　[2] Gu Bicheng. Several thoughts on the problems of

38、 the intellectual property of China's digital libraries under the network environment -- from the losing of the lawsuit of Chinese digital libraries [J]， Libraries in the new century， 2003， 01 </p><p>　　

39、[3] Zhou Yue. Problems facing the Chinese digital libraries in the copyright law [J]， Journal of the library， 2001， （3） </p><p>　　[4] Wang Jingyuan， Fan Wenhua. Study of the problems of the intellectual prop

40、erty in the digital library [J]， Journal of Suzhou Education College， 2005， 05 </p><p>　　[5] Zhou Qingshan. Security of the library rights in the digital age and the perfection of the works right law [J]， Jo