Analysis On Digital Library about the Reproduction & Network Communication

1. Definition of Digital Library

Library refers to a cultural institution that collects, arranges and collects cultural materials for readers to study, reference and research. It can be divided into different types according to its different functions. For example, it can be divided into public library, school library, factory library, rural library, science library, etc. Digital library is a form of expression of Library in the network environment. Although the library’s storage of information takes paper as the carrier, while the digital library’s storage of information takes optical disk, magnetic disk and electronic media as the carrier, there is no fundamental difference between them. Although the academic circles at home and abroad still do not have an accurate and authoritative definition of what a digital library is, generally speaking, a digital library from the English translation of “Digital Library” refers to a library that uses high and new technology to digitize its books and materials according to law and spread them in the library network under the digital network environment. Therefore, digital library is still a library with the essence and function of library. It only changes the form of books and materials in the collection from paper to the form of electronic quality as the carrier. It has the following characteristics:

1.1. Public welfare

It refers to that it aims at the public interest, provides the required information resources services to the unspecified majority, and provides convenience for personal learning, research, teaching and scientific research.

1.2. Non profit

It means that it is not for profit, but provides its collection of information resources free of charge, and its operation is funded by government financial support or social donations.

1.3. Openness

It is open to anyone without any restrictions. Anyone who wants to enter the library to read should be allowed to enter without restrictions. It has a wide range of time and space. This is one of the most obvious characteristics that distinguish digital library from library. In the past, the dissemination of Library’s book knowledge was strictly limited by time and space, that is, a book can only be read by one person at the same time and in the same region. The digitized works of digital library are stored by electronic media, and the specific content of the works cannot be known from the surface of the media. It must be processed by a series of technologies with the help of computer and restored to the original work form before it can be read. In the digital library, many people can read a work at the same time. The works of the digital library can run on the library network, and readers can also read or browse from the library network.

The digital library has changed the defect that the information scattered in the library is not conducive to communication and use, so that the information stored in the Embassy can be quickly and conveniently spread on the network in the library after digitization. Its appearance has promoted the exchange and sharing of human cultural resources, which can be said to be a revolutionary change in the history of library development. Of course, the digital library itself has its own complete set of information technology. It is generally divided into four levels: first, it is required to transform traditional forms of information into digital information; Second, it requires the use of electronic technology to store and manage the generated digital information; Third, it is required to provide access and query technology of digital library; Fourth, mutual access. It can be seen that digital library is not only related to copyright, but also inseparable from network technology and information management technology.

 

2. Functions of Digital Library

It is an important purpose to establish the digital and convenient form of information in the library and promote the rapid flow of information in the library. Carry out interactive visits and browsing in the museum to provide services for the public to share information in the digital network era. It can be seen that the function of digital library has far exceeded the way that the library uses its works stipulated in the copyright law. Specifically, digital library has the following functions.

2.1. Digital Library Can Provide Mass And High-Quality Information For the Public

In the network era, people are faced with extremely rich and diverse information. At the same time, there are also information that has not been integrated, screened and organized. These disordered information resources affect the difficulties of people in querying, retrieving and obtaining information. At this time, the digital library can use its own information technology and information management level to reorganize and screen these information. Therefore, it is available for the public to read and browse, so as to enable people to achieve the purpose of information sharing. In this sense, it has built a bridge between the obligee and the public. It can also be said that it is a balance point and a platform for communication between obligees and social public interests. At this balance point, digital library should not only make the public obtain as much information as possible, but also respect the interests of obligees and achieve the balance of interests of both sides.

2.2. Digital Library Can Store Unlimited Information Resources

Because its information is based on paper, and the construction scale of the library is always limited. Because the information with paper as the carrier always occupies a certain space, the information stored in the library is always limited. The information of digital library takes optical disk, magnetic disk and electronic media as the carrier and digital symbols as the form. The amount of information stored in digital library is difficult to calculate with numbers and is infinite.

2.3. Digital Library Can Promote The Progress And Application of Digital Network Technology

Because digital library is not only related to the legal system of copyright, but also related to information technology and information management. To digitize the works, the library must have a high level of digital technology and management, all of which will promote the progress and application of digital network technology.

 

3. The Position of Digital Library in Copyright Law

Since the digital library has the functions and meanings mentioned above, what position does it have in the copyright law? In order to answer this question more clearly, we take Professor Chen Xingliang’s lawsuit against the copyright infringement of the so-called “China Digital Library” as an example. A key point of the case is: is the defendant “China Digital Library” a library? Is it a profit-making enterprise organization? Is the enterprise organization equivalent to a business website of enterprise nature? The defendant argued in court that China’s digital library is basically a public welfare undertaking. The term is vague and does not show much persuasion. In fact, to become a reader of the company, you must first pay to become a member of the company before you can read and download online. The tariff standard does not show its public welfare. The Haidian District Court of Beijing finally held that the so-called “China Digital Library” itself is an enterprise website, only hanging the brand of Digital Library and appearing in the form of digital library.

Generally speaking, the construction and operation of the library is for the purpose of public welfare, and its source of funds is supported by the state. The digital library is the product of the development of network technology to a certain stage. It provides non-profit digital works to serve the public. This kind of library only transforms its books and materials with paper as the carrier into the form with electronic media such as CD and disk as the carrier. The function and nature of the library remain unchanged. It can be seen that the legal system related to copyright should give the corresponding conditions of reproduction, dissemination and use of Digital Library in the network environment, as well as the provisions of exceptions such as reasonable use. Due to the wide range of issues involved in the application of copyright legal system in digital library. In order to facilitate research and analysis, this paper mainly analyzes the main problems encountered in the application of copyright related legal system in Digital Library: reproduction, network communication, reasonable use, legal license and so on.