Research On The System Of Fair Use Of Copyright Of Digital Library In China

The construction of digital library is an important link for China to become a cultural power in 2035.It points out the direction for the future development of libraries with massive collection resources and convenient query methods.However,new things are bound to be accompanied by new problems.In the course of operation,digital libraries often have disputes with copyright owners on the rights of copying and information network transmission.For example,most digital libraries scan and copy collections of works without the authorization of copyright owners,and transmit works to the public through the network,or when transmitting,no technical protection measures are set for works,so readers can download and transmit them at will.Traditional copyright law can’t adapt to this new mode of communication,and many countries have begun to find solutions to the problems.It is necessary to protect not only the interests of copyright owners,but also the rights of the public to obtain culture.Copyright exception has become the effective means to resolve disputes.The United States tries to solve the copyright dispute caused by the new mode of communication by using the four elements reasonably,while China adopts the "three-step test method" and the way of using the four elements reasonably.By analyzing the different results of similar cases handled by Chinese and American courts,this paper seeks a powerful way to solve the dilemma.In this paper,firstly,literature research and comparative research are used to study the reproduction right,information network transmission right and technical protection measures,the social value of legal disputes in digital library solved by fair use system,and the legislative mode of fair use system in various countries.Secondly,it analyzes the different criteria of fair use between China and the United States through historical analysis.Fair use system is an important way to deal with copyright-related legal disputes,and the criteria have great legal value.It focuses on the "three-step test method","transformational use" and market factors,and then uses case analysis to compare the advantages and disadvantages of applying different fair use systems in China and the United States to deal with cases suspected of infringing copyright rights such as copying rights and information network dissemination rights.Finally,the author tries to find the best solution of applying the fair use system in China,and puts forward some suggestions on the application of the three-step test method and the transformational use method in our judicial practice.