| Copyright is a kind of civil rights, is a kind of private rights of the copyright owner, has exclusiveness. But any a kind of right is not absolute, infinite when it with better social and public interests protected by the law conflict will be restricted. Digital library copyright fair use system is on the basis of the exclusive rights of the copyright owner limit set, which is based on legitimate purpose, by the exercise of his copyright legislation some digital library behavior does not need the consent of the prior consent of the copyright owner of the, also don’t have to pay the remuneration to the copyright owner and the formation of the system of the limit of exclusive rights of the copyright owner. Digital library copyright fair use is mainly to a limit of property rights of the copyright owner reverse it defines the scope and boundary of rights of the copyright owner.Applicable to the rational use of digital library copyright law is mainly for the copy of the copyright owner of the right and the limitation of the network transmission right. In the process of digital library resources construction, for the rational use of digital library copyright related legal rules of the fuzzy and lead to relevant legal provisions in the applicable law, the copyright owner of copy right and network transmission right limit boundary division had a great dispute, which is judge some copy and digital library network transmission behavior is the key to the rational use of or infringement, is also the problem of the digital library copyright fair use. In this paper, starting from the problem analysis, and put forward some Suggestions on the rational use of digital library copyright.This paper consists of preface, running and conclusion of three parts, running is divided into three chapters, the specific content is as follows:The first chapter embarks from the Google case of digital library, and points out that the development of digital technology, technical measures of protection and network contract widely adopted, the rational use of digital library copyright problem is the behavior of reproduction and network transmission in the construction of digital library resources in the rational use of digital library copyright related legal provisions shall be applicable, for the copy of the copyright owner of the right and the network transmission rights limit boundary division had a great dispute. Mainly displays in the rational use of digital library, relevant laws and regulations applicable on the subject, object and content of the dispute.The second chapter focused on digital library copyright reasonable use of the application of the relevant laws and regulations were analyzed, and the combination of Chinese and foreign legislation relating to the rational use of digital library copyright, close ties between the digital library construction, from the rational use of digital library, relevant laws and regulations applicable subject, object, content and pay attention to the requirement of other four aspects carries on the analysis, which divides the digital library copyright reasonable use of copy right and network transmission rights restricted boundaries.Third chapter respectively from the Angle of legislation, administrative and judicial rational use of digital library copyright problem put forward their own Suggestions, so as to perfect the fair use system of digital library copyright. |
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