Analysis of Digital Library and reproduction Part One

The traditional copyright law deals with permanent reproduction and permanent copies. Permanent reproduction includes books, audio tapes, video tapes, magnetic disks, optical disks, etc. However, the traditional replication can not be applied to the replication in the digital age. In other words, the traditional replication has been completely impacted by the replication in the digital age. In the digital age, almost all works can be digitized. Moreover, these digital works are not the direct reproduction of works, nor are they expressed in tangible forms. If people want to browse and read these digital works, they can only read and browse on their display screen with the help of computers and after being processed by computerized technology. The category of the original works becomes ambiguous after the digitalization of the works. Because no matter whether the original works are words, graphics, images or even sounds, they have been transformed into binary digital codes that can only be recognized by the computer. These digital codes cannot be divided according to the category of the original works. Moreover, the replication in the digital age not only has people’s subjective replication behavior, but also has the instantaneous and incidental objective replication behavior automatically generated by the computer system switches, computing terminals and other devices. How to regulate these copying behaviors and whether the copyright law can bring them into the scope of adjustment are the key to the sound growth of digital libraries. Because one of the main functions of the digital library is to digitize the works in its collection. If these digitized behaviors can not be accurately identified and standardized and protected by the copyright law, it is futile to talk about promoting the construction of the digital library.

Just as Xuzhao, an intellectual property expert, said: a new explanation should be given to reproduction. In the process of online dissemination of a work, there will be a series of reproduction, including the reproduction of the digital work uploaded by the copyright owner to the network system, as well as the automatic and temporary reproduction of the work by a series of network servers or computer systems during transmission, It also includes the automatic and temporary copying in the computer used by the visitor when reading the work. Obviously, the traditional replication concept does not have the meaning of this kind of replication in network transmission, especially does not include various forms of automatic and temporary replication. However, the definition of reproduction in China’s copyright law does not involve the act of digital reproduction of works. Only printing, photocopying, rubbing, sound recording, video recording, reproducing and photographing are stipulated as reproduction. However, some countries with relatively sound and developed copyright protection and some international treaties have agreed that the act of digitizing works belongs to reproduction and is included in the adjustment and protection of copyright law. For example, paragraph 1 of Article 9 of the Berne Convention stipulates that the author has the exclusive right to authorize the reproduction of such works in any way. The world intellectual property organization also recognizes the above definition. The provisions of this relatively general principle should include various known and unknown replication methods. Of course, it should also include the way of digitizing the work. The United States copyright law also stipulates that reproduction is the act of fixing the work in a way known now or developed in the future. It can be seen that the digitalization of works only changes the external form of expression of works, but does not change the content of works. Although this change has also paid labor, it is obviously different from the original work required by the copyright law. The original obligee shall still enjoy the copyright of these digitized works, and the digitalization of the works shall also belong to the scope of reproduction. Whether it is people’s subjective copying behavior, or the objective temporary copying and incidental copying of the computer itself, it should be included in the scope of copying. And the copyright law will adjust and regulate accordingly, so as to promote the growth of Digital Libraries in the system.

In the above discussion, the digital library belongs to reproduction when digitizing its collection of works. Of course, this kind of reproduction is limited to the needs of digital library collection and preservation of versions. This kind of replication includes not only people’s subjective replication, but also the temporary replication and incidental replication of the computer itself. These reproductions should be included in the adjustment and protection of copyright law. At the same time, in the digital age, it is becoming more and more difficult for the obligee to control the copying behavior, while modern copying is becoming more and more cheap and convenient. Because of its own functions and functions, the digital library, as a knowledge base for the storage, integration and screening of human information resources, serves the general public, and this service is free (of course, it is possible to properly charge the production cost of borrowing cards and Book Smart Cards). In order to protect the interests of copyright owners and promote the healthy growth of digital libraries. Specifically, the following conditions shall be met and corresponding measures shall be taken:

First, the preconditions for digitizing the collection of works:

1. the source of the collection works to be digitized is legal;
2. there are countless written versions of the collection works ready for Digitization:
3. unable to obtain the digital version of the library’s works through normal commercial channels (such as purchasing ready-made databases);
4. corresponding protection measures must be taken for the digital version of the collection of works: including copyright policies, technical measures, etc;
5. it is not allowed to copy the digital version of the work again.

Second, limit the scope of digitalized collection works, and only allow the digitization of written works, art works and art works under special circumstances; Excluding film and television works and audio recordings.

Third, limit the purpose of digitizing the collection works. Only allowed for the following purposes:

1. the collection shall be preserved and strictly limited in quantity;
2. research and learning objectives; Strictly controlled transmission service; Only available in the library (only available at individual terminals, and in some countries only available in periodicals);
3. the remote access shall be strictly controlled and shall not be conducted outside the library;
4. strictly restrict the provision of copies, even for other public welfare libraries;
5. it is not allowed to be used for direct or indirect commercial purposes.

Fourth, restrictions on the implementation of digital works and the use of digital works. Only the following persons and institutions are allowed to digitize their collections;

1. full time staff of public welfare library;
2. public welfare educational institutions officially recognized by the state;
3. only the following persons are allowed to use the digital works in the collection:
4. Officially registered students and researchers; b. Eligible disabled persons; c. The public with special needs.

Fifthly, restrictions on the digitalization of collection works and the use of digitalized works. The following methods can be adopted to deal with the copyright of the collection works to be digitized:

1. authorization and permission;
2. reasonable use of additional conditions:
3. use of special exemptions for teaching.

Sixth, the use of digitalized works in the collection:

1. it is limited to the necessary scope of teaching and used for systematic and regular teaching to ensure effective supervision of its use;
2. only paper copies shall be provided, and digital copies are not allowed.

Seventh, restrictions on the use of digital works in the collection. Limited to the following locations:

1. in the library;
2. in the classroom;
3. the officially registered students of distance learning may, as an exception, be at the place of their choice.

Eighth, the use of digital collection of works after the time limit. In addition to the purpose of preservation in the library, the preservation time of digital copies shall be strictly limited and destroyed within a time limit.

It can be seen that it is very difficult for copyright owners to control reproduction in the network era. Therefore, we need to strengthen the protection of the right of reproduction by law, appropriately expand the scope of the right of reproduction, and protect the interests of copyright owners. So that the author’s creative passion will not be affected and more excellent works will be created, which should be the main and basic. If the author’s creative enthusiasm is not stimulated, his intellectual achievements are not well protected and respected, and his creative cost cannot be recovered, which will certainly damage his creative enthusiasm. The final result is that the development and prosperity of human culture are affected, or even no works can be used. However, if the interests of copyright owners are over protected, the development of digital libraries will be frustrated, and the public’s right to use these public information resources will also be damaged. It also hinders people’s re creation behavior, which needs to be adjusted by using the principle of interest balance. For example, the fair use and legal license stipulated in the copyright law (which will be specifically discussed and analyzed below) are the concrete embodiment of this principle. In this way, the digital library can not only respect the interests of the obligee, but also better provide high-quality services to the public, but also promote its own development in the process of digitizing its collection of works for the needs of collection and preservation of versions.