On The System Of Public Digital Library Of Copyright Restrictions

With the development of digital technology, it is easier for the readers to get information than before. However, one problem is confronted by public digital library: some constructions and services are probably conflicted with the existing rule of limitations on copyrights. The paper, focusing mainly on a series of actions happened during the processes of construction and service, expatiates detailedly the shortages of the existing rule of limitations on copyrights in public digital library, and find a solution.This paper consists of the introduction and themain text.The introduction briefly shows the purpose of the paper and the problems that will be discussed.The main text includes four parts.The first part: the value orientation, character and actions of public digital library. In this part, the value orientation and characters of public digital library are illuminated, and clarify juristic conductshappened during the processes of construction and service which are controlled by copyright, especially clarify several digital library juristic conductswhich can be defined as reproduction, performance, exhibition, presentation and communication through information network respectively, and make a conclusion: setting up links is out of control of copyright.The second part: using three-step test to analyze the Fair Use system of public digital library. In this part, we can understand why the Fair Use Guideline is applicable to public digital library. After explaining the expert group's rulings on EU v. Section 110(5) of American Copyright Law, author uses three-step test to analyze a series of actions happened during the processes of construction and service------reproduction, performance, exhibition, presentation and communication through information network. In the end, author concludes that there are some shortages in the actual fair use system, especially analyzes the shortages in article 7 of Regulations on Protection of the Right of Communication Through Information network..The third part: the advice improving the Fair Use system of public digital library. In this part, focusing on construction and service, author tables a proposal improving the actual fair use system of public digital library, namely, expanding some parts of actual fair use rules, making some cryptical articles clear and adding some lacking articles.The forth part: introducing statutory license system into rule of limitations on copyrights of public digital library. In this part, author analyzes the disadvantages of Fair Use Guideline, the inapplicability of compulsory license and the necessity and possibility for introducing statutory license rules into rule of limitations on copyrights of public digital library. In the end, author suggests the designs of republish, excerpt, communication through information network statutory license concretely.