Research On The Legal Character And The Copyright Problems Of Digital Library

Along with the quick development of the digital and web technology, digitization is the trend of the information collection, processing and offering. Digital library is becoming a modern information service center integrate with technology, economy and law. Its final goal is to be break through the limit of time and space, realize real resource-sharing and promote the development of civilization of mankind. As the same time, the construction of the digital library has become an important marking to evaluate a nation's information basis level at present, and is also the foundation item that the developed nations think highly recently. However, as the Copyright expands to networked environment on a large scale, the copyright problems became a big obstacle for digital library construction。Based on analysis of concept and function of the digital library, this paper first ravels the legal character of digital library. Digital library operates under the supports of networks and provides information service, so to some extent, digital library is a Internet Server Provider, but It also bear the responsibility of providing information to public and conserving human spirit property. The law position of the digital library is not change even in the Information Society. Profit or nonprofit is very important to determine the library exception, however, it not depends on the character of the organization itself, but the nature of the behavior of the library. Observe the management mode of digital library in our country, the research object of this paper is limit to the nonprofit library.Only after understand the legal character of digital library, aim of copyright legislation and the social economic status, can we give some opinions to above questions.Now, there are three big obstacles obstruct the development of digital library, that is copyright, information network transmission right and the law protect for technological protection measures. From these aspects, this paper analyzes the copyright problems of digital library, and gives some counter measures. Compare the legislation of our country and other countries about the library exception, this paper try to give some advises on the construction and operation of the digital library, and discuss other problems to be resolved, in order to establish the digital library copyright protection system, and promote the substantial development of digital library.