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The Copyright Licensing System Analysis Of Digital Library

Posted on:2014-05-23Degree:MasterType:Thesis
Country:ChinaCandidate:M ZhouFull Text:PDF
GTID:2298330425978618Subject:Intellectual property law
Abstract/Summary:PDF Full Text Request
Since the latter half of the20thcentury, the rapid development of modern digitaltechnology leads to a copyright infringement under the network environment, and the librarycopyright dispute also among them. On the one hand, the digital library is in the process ofrapid development.; on the other hand, the existing copyright law system still exists in thepast library obtain authorization of legal norms, which is difficult to obtain the permission ofthe copyright owner of the huge amounts of works for the digital library. A series of problemssuch as the conflicts of interest between copyright owners and the public, the lag of law andthe inadaptability of the old copyright licensing system to the digital technology attractattention until the outbreak of the Google digital library copyright infringement. The articlebased on the new challenges which the digital library faces and studied on how to build thecopyright licensing system to balance interests between the copyright owner and the socialpublic. In the first part of the article, the concept of digital library is definite. Since the birthof the digital library, it is vigorous; both at home and abroad have formed a stream upsurge ofresearch and construction on digital library. Although digital library is different from thetraditional library in service delivery, collection and dissemination of information, andcommercial operation mode, etc, but its basic functions and social responsibilities don’t haveradical changes. It is still a public welfare. In the second of the article, stating briefly thecopyright issue may involved in the construction process. In order to have a comprehensiveunderstanding of the digital library’s authorized foundation, we analysis and explorationcomprehensively the reasons for since the Google digital library copyright dispute. The thirdand fourth part focuses on the analysis and thinking of all kinds of copyright licensing systemduring the development and construction of digital library which divided into the existinganalysis of copyright utilization system and new copyright permission system two parts, theformer includes reasonable use legal license, collective licensing system, and the latter mainlyrefers to some new system such as open access, creative commons and copyrightcompensation system. The lack of the existing copyright permission system leads to a batch ofnew voluntary permission system. All of them are developing up gradually along with therapid development of modern digital technology, which provides a new opportunity for thedigital library copyright permission system. Both of the two parts are focused on the presentsituation, problems, causes and solving path of the licensing system. On this basis, it is proposed three basic principles to construct a copyright authorization mode, namely benefitbalance principle, risk-efficiency principle and principle of China’s national conditions.We produce an integrated mode after the decomposition of the copyright, and put forward thatthe legal license can be applied to the digital works. And for the works which are in copyrightprotection, the copyright compensation system is a wise choice to solve the networktransmission right license of the information. To the unpublished work, the publishers agencyauthorized should be given priority, authorized important patterns and creative commons canbe comprehensive licensing models. The network resources can obtain authorization throughthe implied license. The database construction of the digital library is an important project. Inview of its public property, the database which enjoys the compilation rights can use creativecommons mode to authorize in order to enlarge the range of application. The purpose of thispaper is to explore one of the most suitable copyright permission systems for digital librarythrough the studying of the pros and cons of all licensing systems, taking its essence, pointingout the dregs.
Keywords/Search Tags:digital library, copyright licensing systems, creative commons, copyrightcompensation, copyright collective management organization
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