Solved in Perfecting The Application of Copyright In Digital Libraries Part Five

Therefore, in the application of specific cases, we need to rely on the implementation regulations or judicial interpretation of copyright. This not only leads to the complexity of the legal system of copyright, but also makes it difficult to find the law in judicial practice. Moreover, it will also lead to the contradiction and conflict between the lower law and the upper law, which will eventually damage the authority of the basic law of copyright, which is also detrimental to the protection of copyright owners, especially in the relevant provisions of the copyright related legal system applicable to digital libraries. There is no direct stipulation in the copyright law that fair use is applicable to digital libraries. Digital works are developing at an amazing speed, and there are many cases in judicial practice. If we can only deal with it according to the administrative rules, regulations or judicial interpretations of the subordinate law, it will be disadvantageous to the development of China’s digital library. Therefore, in order to improve the relevant legal system of copyright in China’s digital library, we must first solve the complex and chaotic situation of the legal system of copyright.

2. It is necessary to solve the problem of imperfect copyright protection and prevention mechanism

The purpose of any legal system is to adjust people’s behavior and corresponding social relations. The legal system of copyright is no exception. It not only protects the interests of the obligee, stimulates people’s enthusiasm for creation, prospers human culture, promotes the development of civilized society, but also publishes and punishes those acts that infringe on the interests of the copyright owner. Due to the late start of the legal system of copyright, people do not have a high legal awareness of copyright protection. In addition, some outlaws, driven by their interests, persist in infringing on the interests of copyright owners. Especially in the digital network era, are some acts of infringement? What rights have been violated? What is the basis for the violation of rights? What is the calculation standard of tort compensation?

These problems can not only be solved by ordinary law enforcement personnel, but also by some copyright experts. For example, the first so-called “Digital Library” infringement case in China cited in the preface of this article, and the infringement case of “Beijing online” jointly sued by six writers including Wang Meng, And zhengchengsi and other seven professors jointly sued “scholar company “Infringement cases are typical cases in the digital age. What they leave for people to think about is not only the judgment or the result of the judgment, but also how we should comment in the digital age to improve the protection and prevention mechanism for digital works. The construction of digital libraries requires both developed information technology and information management level, as well as perfect laws to protect and prevent them. However, China is very deficient in this, especially in It is more obvious that the digital library lacks the elements of infringement, the processing principles, and the calculation standards of infringement compensation. To establish and improve China’s digital library, we should not only protect it in the relevant legal system of copyright, but also promote its development. We should make it undertake corresponding obligations to prevent and stop its infringement. Only in this way can digital books develop healthily.

3. The characteristics of digital library must be clarified

Digital library, which comes from the translation of “Digital Library” in English, refers to a library that uses high and new technology to digitize its collection of books and materials according to law in the digital network environment, and then spreads them in the library network. It has the characteristics of public welfare, non-profit and openness. But some lawless commercial websites are also named after digital libraries. For example, in the case of Professor Chen v. the so-called “China Digital Library” infringement cited in the preface of this article, the defendant is actually a commercial technology limited liability company, but it has the brand of China Digital Library. An important reason why the Court confirmed the defendant’s infringement was that it was not a digital library, but a pure commercial website.

Therefore, when this paper studies and analyzes the application of copyright related legal system in digital library, it must first give it an accurate qualitative analysis. So that some relevant legal systems of copyright law, such as fair use, reproduction and network communication in the library, can also be applied to it. At the same time, considering its public welfare, many other laws and regulations will also provide corresponding concessions and exemptions, such as tax relief, donations from the public, etc. Not only that, the nature of digital libraries is clear, especially the relative lack of information technology and information resources in China at this stage. Compared with developed countries, there is still a big gap, the overall cultural and educational level is still relatively low, and the overall national quality is still relatively poor, so we should encourage the construction of digital libraries. Give full play to its excellent and massive information services for the public, and make contributions to the development of China’s information resources, education, science, technology and culture. In order to study, analyze and improve the application of copyright related legal system in digital library, we must first clarify its characteristics.

4. The system of copyright law should be revised to adapt it to digital books Development and perfection of the Museum

Digital works are the life and key of digital library. Without the emergence of digital works, there can be no digital library. To develop and perfect the digital library, we must first solve the problem of digital works, otherwise it will become a castle in the air and worthless. Digital work is to input the work into the computer and form the symbols marked with “0” and “1” in the computer. Then the computer software carries out a series of technical processing and restores it. Readers can browse, read and appreciate it through the computer display screen. In essence, this series of technical processing process is also a process of replication, including the replication of people’s works into the computer, as well as the accompanying temporary and automatic replication of the computer itself. In addition to reproduction, there are also digital libraries that use the network technology in the library to spread these digital works in the library for readers to read or browse (excluding printing and downloading) on the computer screen in the library. However, China’s copyright law does not include the digitalization of works in digital libraries into the scope of reproduction for adjustment, nor does it stipulate the network communication in libraries.

Therefore, the digital form of works should be included in the scope of reproduction, and it should be stipulated that the reproduction of digital works includes not only permanent reproduction, but also temporary reproduction and automatic reproduction (of course, this kind of reproduction is limited to the needs of digital libraries for collection and version preservation). So that the digital library has a basis for the application of the copyright legal system, and it is also conducive to standardizing the reproduction of the digital library. Therefore, researcher Xu Zhao suggested that item 5, paragraph 1, Article 10 of the copyright law should be amended to read: the right of reproduction, that is, the right to fix a work by printing, copying, rubbing, recording, video recording, reproducing, reproducing, etc. in a way known now or developed in the future.

The author believes that the digital library can provide readers with reading and browsing (excluding printing and downloading) in the library with the help of network technology after digitizing the works in its collection. We do not agree to adopt the principle of limited use for network communication outside the library, which is not only conducive to protecting the interests of copyright owners, but also conducive to standardizing the construction of digital libraries.

In the above analysis, replication is suitable for digital library. Of course, it is only limited to the reproduction of the digital library for the collection and the preservation of versions, and when the digital library provides its collection works to readers for reading or browsing with the help of the in library network technology, this should be guided by the principle of interest balance. That is to say, the digital library takes the reasonable use as the restriction and exception when it exercises the reproduction and the network communication in the library. It can not only protect the interests of copyright owners, but also help safeguard the interests of the public, but also help the development of the digital library itself and further improve the legal system of copyright. Therefore, researcher Xu Zhao suggested that item 8, paragraph 1, Article 22 of the copyright law should be revised to: libraries, archives, memorial halls, museums, art galleries, etc. should reproduce the works collected by the library for the purpose of displaying or preserving versions. Under the network environment, libraries can use new communication technologies to provide works to the public and upload works to the network, However, it can only provide readers with screen browsing of works in the library (flat output to printer or floppy disk). It is stipulated in the copyright law that reproduction and network communication in libraries are applicable to digital libraries.

This will certainly play an important role in promoting the development and perfection of digital library. The right of reproduction and the right of network communication are the important rights of copyright owners, because with the right of reproduction and network communication, they can enjoy a series of related rights. Therefore, there may be deviation of interests, damage or frustrate the interests of the copyright owner. Therefore, the digital library must be included in the reasonable use, that is, the digital library must be within the scope of reasonable use when it applies to reproduction and network communication in the library. If it exceeds the scope of reasonable use, it is a tort and should be punished by law. This is because the purpose of the fair use system is to ensure the public’s right to know social information. The public’s interest in free access to information is recognized by the law by means of copyright restrictions, but fair use is not a license for the media to plagiarize works at will. In order to achieve the dual purpose of encouraging creation and information sharing, the copyright law must create and maintain a balance between copyright monopoly and information sharing. It includes the balance between the rights and obligations of obligees, between creators, disseminators and users, and between public interests and personal interests. This not only helps to protect the interests of copyright owners, but also benefits the interests of the public, and achieves the balance of public and private rights.

In a word, the rapid development of digital technology has brought great changes to people’s life, learning and thinking, and challenged a series of traditional legal systems. As a symbol of the digital age, although countries around the world have strengthened their understanding and construction of digital library, there are still many deep-seated problems to be further studied. This is both an opportunity and a challenge for China. We should deeply realize the importance of digital library as information storage, integration and transmission. It should also be recognized that the legal system of copyright in China has some deficiencies in standardizing the digital library. In the light of the advanced legislative experience of the world and the actual situation of China, we should improve and perfect the legal system for the application of copyright in digital libraries, so that the construction of digital libraries has rules to follow and evidence to follow, so as to truly benefit the civilized society of mankind.