| "Archives" means historical records in various forms, including writings in different languages, pictures, diagrams, audio-visual, etc., whose preservation is of value to the State and society and which have been or are being directly formed by State organs, public organizations and individuals in their political, military, economic, scientific, technological, cultural, religious and other activities. "Copyright" means the exclusive right of authors in their artistic, literal and scientific works and it is an important part of intellectual property. The works that are protected by Copyright Law must be original and reproducible. Meanwhile, archives, which are not renewable and fungible, are the faithful records of history, the solid evidence of history and the first-hand documentations for various social activities. Among these records, there are great deals of natural science and humanities payoffs. Also the carrier of these records such as paper, hard disks etc. are reproducible. Therefore, considerable archives are the objects of copyright protection and archives cover various works specified by Copyright Law.With the deepening of Chinese opening and reform and the establishment of socialism market economy, archives play more and more important roles in the economy construction and society development with its value of evidencing and reference. At the same time, the administration of archives changes from traditional mode to modern mode, the management changes from blocking style to creative and opening style. With the modernization of archives administration, the opening scope has been enlarged and development and utilization have been improved, which provides a highly efficient service for social development and economy construction. We should actively explore the information resource of archives to serve our society, in which the copyright protection becomes more and more attractive.Unfortunately, the copyright protection in archives management of our country is far from orderly. Also, in terms of archives utilization, the problems involved are considerably complex. For example, which archives are under protection of Copyright Law, which are not. In addition, as it is still a very short time since the establishment of our intellectual property system and also because the archives departments are not well aware of the copyrights and not fully realize the importance of copyright protection, somewhat the cases of copyright violation occur. To improve the current situation, we have to reinforce the copyright protection concerning archives utilization and promote the archives undertaking so that we can better serve the economy construction and social development.The main idea of this article is as following:Firstly, analyzing the concepts of archives, archives utilization and copyright to make them more explicit to the public and then try to discuss the bounding point between the two. On the basis of this, illustrating the classification and adscription of archives which are relevant to copyright protection, the subject of copyright and way to execute the rights. Afterwards, introducing the actual situation of copyright protection during archives development. Finally, summarizing various measures taken during Chinese archives utilization and archives administration. I am confident that this article will be directive and can be used for reference in the actual working process. |
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