The Research On The Fair Use Of The Copyrig Ht Of Public Welfare Digital Libraries

As the development of the internet technology, public welfare digital library becomes more and more important, however, it is still with the problem of fair use of its copyright since it is not ruled by"the copyright law" nor "the regulation on the implementation of copyright” or other related rules. therefore, it is highly meaningful theoretically and practically studying on the fair use problem of public welfare digital library’s copyrights.The basic theories and problems of public welfare digital library’s copyright and its fair use are present in the first part. Based on that, we made analysis of the related international conventions, and comparisons on some other countries’ legislation. According to that, this paper put forwards some resolutions like clarifying the legislation boarder of fair use which will contribute to the rapid development of digital libraries.By analysis, we suggest by changing the "copyright law" or expanding the judicial interpretation, to accept the public welfare digital library as a subject of the fair use system. During the legislation or interpretation, we have to combine with the reality, use the three-step test rules as legislation principle, consider from the perspective of interests balance, and reasonably broaden the scope of fair use through generalizing and enumerating. comprehensively,we will avoid infringement risk of public welfare digital library on copyright, and so as to promote the development of public welfare digital library effectively.