The Research Of Applicability Of Copyright Restrictions System In Digital Library

With the growing development of network information age, digital network graduallyspreads to the society and becomes an indispensible tool for nowadays people. Digital librarybegins to be constructed and developed at this time. However, in the construction process ofdigital library, due to the lack of legislation in this aspect in various countries and regions,some laws and regulations under the old model produce side effects, among which, copyrightrestrictions system is a more prominent example.The paper, mainly taking copyright restrictions system as the basic theory, emphaticallyanalyzes and discusses the advantages and disadvantages brought by two systems, which arefair use and statutory permission, to the construction and development of digital library. Thepaper believes that copyright restrictions system is a more important component in thedevelopment of digital library. Therefore, to keep pace with the times, digital library, as aspecific form, should be aimed to take certain reforms and developments. This will be apowerful guarantee for the construction and development of digital library.The first part mainly introduces the classifications and characteristics of digital library,states the important role and status of copyright restrictions system in the construction anddevelopment of digital library and shows the value and function of digital library. To analyzethe applicability of copyright restrictions system in digital library, it is necessary to state andanalyze the classifications and characteristics of digital library, and make clear dominantposition of the law. Only in this way can digital library’s basic rights and obligations can beestablished.The second part consists of two sections. Section One studies and analyzes theapplicable experience of copyright restriction system in America. On fair use system, Americaadopts the methods of making a principled law with strong purposes and giving judge morefreedom in jurisdiction, which is. On statutory permission, America adopts the principled andillustrative ways, thus effectively solving the applicable problems of statutory permission.Section Two mainly analyzes three-step test of copyright restrictions system in internationaltreaties. The author studies and analyzes the applicable rules of copyright restrictions systemin the European Union directives, and summarizes experience.The third part, around applicable aspect, concretely analyzes related regulations oflibrary’s fair use and statutory permission in China’s current existing laws. For digital library,what are the disadvantages of these regulations and what unfavorable effects will thesedisadvantages produce on the construction and operation of digital library. The paper draws aconclusion.In the fourth part, based on the analysis and research above, the author proposes somesuggestions on how to better apply copyright restrictions system in the construction anddevelopment of digital library. Revise of current copyright law and information networktransmission right protection ordinance is suggested, so as to achieve the purpose of playingthe key function of copyright restrictions system in the development of digital library.