Research On Copyright Acquiring Of Digital Library

The substance of copyright issues of digital library is about digital technology, because it has changed the original situation of creation, communication and use of works, and then changed the balance of interests. Copyright issues of digital library are mostly from the copyright acquiring of works which has copyright, so it is very important to study on the copyright acquiring models and legal support.The author found that copyright acquiring of digital library are closely related with the nature and status of digital library and social legislation environment through survey and literature research, this paper discusses the content in five aspects.First, this paper discusses the basic theory of copyright acquiring of digital library, includes library value theory, theory of copyright law and mass communication theory, provides the theoretical support for view of this paper , and makes it more reasonable.Second, this paper discusses the copyright acquiring models of digital library, includes collective management, invitational authorization, compensation system, legal license, copyright agency, open access, creative commons and digital rights management. There are advantages and disadvantages of these eight copyright acquiring models, they can not balance the interests between copyright owner and user, and need the support of laws and regulations.The third, this paper introduces the practice of CNKI, Shu Sheng,Chao Xing, Apabi, and bookoo, analysis the applicability of the models of digital library, proposes the copyright authorization model of open access based on publishers-agency and integration models based on digital library platform. The copyright acquiring model of digital library will be more and more perfect through the improvement of technology and law.The forth, this paper discusses the gaming relations among digital libraries, the authors and the publishers , makes Google as an example, analyses the advantages of Google Digital Library, believe that digital library can make it legal to use the works with copyright as fair use, suggest that use the system of implied permission.The fifth, this paper discusses the reconstruction of copyright law. In this part, the author stressed the public welfare of digital library, and must considers the interests balance from the angle of dissemination of knowledge and public access.The author draws the following conclusions based on the analysis that:(1) The public welfare of digital libraries is more prominent than it's profit based on the nature of digital libraries.(2) Digital libraries are of particular value. They can enhance the efficiency of getting knowledge and information, can promote the exchange and dissemination of knowledge, respect the equality and freedom of getting knowledge, and look the knowledge social sharing as a value orientation.(3) Legal status of end user and communicator of digital libraries. Digital libraries are special network communicators, meet the elements of the neighboring rights, the are the intermediaries between user rights and interests of copyright, so the digital libraries should enjoy the information network transmission right.(4) It can be achieved gamming balance between the publishers and digital libraries. Someone believes that there are antagonistic relationship between publishers and digital libraries, but they can cooperate through gamming model and matrix analysis. On the one hand, can play resources advantage, on the other hand, can make publishers have the corresponding economic interests.(5) It can be achieved gamming balance between the authors and digital libraries. If authors and digital libraries can work together, the author may be lost some economic benefits, but he get more social honor and prestige, the academic status is more important than economic returns.(6) Digital libraries should have the right of fair use and immunity on aspects of copyright acquiring.