Discussion On Copyright Conflicts Between Libraries And Data Providers Based On Infringement Cases

Library as a public welfare social service agencies, is designed to maximize meet the public demand for information resources, and there was no difference in the library in the information sharing activities must be free of charge provided to the public. Vendors as copyright person "face" one of the important job is to protect itself against infringement of copyright, it is responsible for the copyright owner, is responsible for the company’s legal rights. In the information society, digital library for information resources sharing is the important of information freedom to citizens, represent the public interest. Vendors in the maintenance of the protection of copyright and the authors and their own legal rights, representing the private interests. Both right, despite of its rationality. However, with the advent of the era of digitization, the network information resources in the new characteristics and new way of communication, it for copyright infringement of sound increasingly easy, library and data of copyright conflict is inevitable. How to resolve the conflict of the two, both to achieve the library for information sharing and can effectively protect the data of copyright interests, this is a question of this paper to study. Article from the library from two aspects, information sharing and data in copyright protection, at the same time, first of all, determine the rationality of the library information sharing and data the rationality of the copyright protection; Furthermore, through the comparison and analysis of 10 cases, find out the reason. Finally, explore the measures to resolve the conflict. Therefore, this paper is divided into the following several parts:The first part is the introduction part, mainly introduced the research background and research significance of this article, from the relevant laws and special research and comprehensive research present situation of three aspects in this field to do a comb and this article innovation place.The second part of the library information sharing and data copyright protection rationalization analysis respectively, in the end prove their right to both sides are reasonable and necessary.The third part of case analysis, from nearly a decade of library copyright infringement cases are more representative and typicality of 10 cases, comparative analysis, find the similarities and differences, do instance support for both performance and reasons of the conflict.The fourth part analysis the conflicting rights of library rights and data and the direct reasons behind and the root cause.The fifth part, respectively, from the perspective of copyright law, economics, and technical measures and explore the library and the conflicting rights of the data.