Study On The Applicability Of Public Lending Right System In Our Country

This paper was based on the copyright problem in our librarian developments. With the trends of international copyright protection has become stronger dually, selected topic which has much relationships with library developments in the area of copyright protection to research. It is in order to provide reference in weakening the benefits conflicts between our library and copyright holders and keeping balance between them, and solving the problems in the process of digital library construction, promoting our cultural development finally. So this paper made public lending right as the research object.This paper comprehensive used methods such as data statistics, comparisons, induction, deduction, inference around the issue of the applicability of the public lending right system in China. Through analysis and appraisal can get a conclusion that the public lending right system is of great significance to maintain balances between authors and library and can promote our country's cultural development. So it will become an important system which can protect our national culture and promote our cultural prosperity in future.The full-text is divided into six chapters.The first chapter is the introduction. It introduced the original of choosing the topic and the meaning of research initially, and then demonstrated the situation of the topic research. After this, it induced the writing methods. It discussed the innovation of this paper finally.The second chapter is the overview of the public lending right system. First of all, It cleared the ownership of the public lending right through demonstrating the concept of the public lending right. On the basis of this, it demonstrated the legislative intent of this system that keeps the balance of interests between the copyright holders and the library. Then demonstrated the developing history and development of this system in foreign countries.The third chapter proved the reasonable of the public lending right initially. It first used the view of the theory of property labor and property personality from the philosophy of law to prove. Then through contrasting open access with public lending rights to prove the reasonable of the system.The fourth chapter analyzed the implementation conditions of this system from four viewpoints such as the development of social economy, technology, culture and law firstly. Then according to our situation suggested although it is applicable in our country, the conditions of implementing are not available. The fifth chapter discussed the reality of establishing public lending rights in our country from two viewpoints that the protection of copyright and library development. Through the comparative of advantages and disadvantages to argue that the public lending right system are going to establish in future.The last chapter is the conclusion. Because of the lack of the research to the public lending right system in our academia and theorists, it highlighted the research meaning of the public lending right system and called our relative scholars pay more attention to this system. We can draw on lessons from the success of legislative experience of foreign countries to improve the level of protection of copyright in China, meanwhile promoting the developments of library healthy. Make the interests of library on behalf of the public and private interests on behalf of copyright holders keep balance eventually.