The Research Of Digital Library Copyright Licensing Model

Generally speaking, digital library is a multimedia production of a distributed information system,which uses digital technology to store and handle a variety of graphics and text, thus breaking thetraditional library regionalism, storing the world’s information in digital technology in order to makedifferent regions of the user enjoy them.In layman’s terms, the digital library is a huge database withouttime limits and geographical constraints.Compared with the library in the traditional sense, digital libraries have different features andfunctionality, and have a new breakthrough and development in information storage and on the form ofreaders’ service. Digital library completely changed the way people’s accessing and using of information,compared with the traditional library, its advantage lies in the digital library network’s background, andallow users a more efficient, more modernized and more convenient way to obtain information than thetraditional library, but with the rapid development of digital library, the legal issues it faced are increasinglyprominent. As everyone knows, the digital library is relying on digital technology to store copyright works,so the first question the digital library faced is copyright licensing issues, coupled with the fast andconvenient features of digital technology, the digital library cant store large amounts of work in the shorttime, thus, how "massive" copyright license can be get in a short time? Many digital libraries directly usethe copyright holder’s work in the danger of violating their rights based on their own interests. Thus, it isurgently to be solved on the issues of the authorization of the copyright of the digital library; otherwise,itwill greatly hinder the construction and development of digital libraries.Currently, there are generally the following four categories of copyright licensing models in thedigital library in China: The first one, the direct authority mode, the digital library directly to get in touchwith the copyright owners to resolve licensing issues, it is clear in this way it is not only time-consuming,but also consumes a lot of manpower and financial resources; The second one, press or periodical agentlicensing model, as press or periodical agent have rich resources of the copyright owners, and have a directlink with copyright owners, so when the digital libraries have difficulty with to find copyright owners, theywill turn to the press or periodical agent which have the author’s authority, this licensing model promotes efficiency, however, it implies a lot of legal issues, because publishers and periodical, respectively negotiatewith digital libraries, which inevitably will be unfair and dispute; The third one, copyright collectivemanagement organizations authorized mode, which can greatly improve the number and efficiency of thecopyright authorization, and relatively lower cost, but due to the small number of our current copyrightcollective management organizations, and development is not perfect, so the sphere of influence is less thanthe foreign countries. Plus copyright collective management organizations are membership system, coupledwith fact, to the membership management in our country is not very wide; The last one is authorized tooffer mode, the copyright holder, at the same time in the book publishing, offers a declare of the copyrightholder’s rights and conditions of work use. Users only need to perform authorized determine terms candirectly used book after paying the remuneration to the copyright owner through the agency. This modelavoids the discussing trouble between the copyright holders and copyright users in direct copyrightlicensing model, so the copyright transaction costs are reduced. Copyright authorization offer mode hasplayed a certain role for Digital Libraries "mass authorization" problem, but it may be some difficulty to bepopularized only with the promotion of the market whereas the copyright holder and the Press are not clearenough with this mode.It should to say that it is difficult to solve the plight of the current "mass authorization" with ourexisting Digital Library licensing model alone. In order to really solve this thorny issue, we should also bestarting from the copyright system to find a reasonable solution from copyright restrictions means that isthe rational use, statutory licensing and compulsory licensing. At the same time, to make reasonableimprove and perfect the existing licensing model to find a faster, more reasonable licensing model for theauthority of the copyright of the digital library.Considering the balance of the interests of the spirit of the spirit of intellectual property rights, takinginto account the public interest and international copyright conventions consistent with the principles ofcopyright protection of the rights holders, under the premise not damage the legitimate interests ofcopyright owners, this article put forward an idea for solving the digital library copyright authorization,appropriately expanding the scope of fair use and statutory license, to reduce the obstacles of copyright use;improve the functions of copyright collective management organizations, broadening the channels ofcopyright authorization; breaking through the “permissions plus prohibitions”’ basic structure of the traditional copyright. Introducing into the implied license of the copyright system as well as copyrightcompensation system for the digital library, to reduce the Digital Library Copyright “mass authorization"pressure, in order to use deal with the difficulties faced by the digital library.