Basic Conception Of Introducing Public Lending Right System Into China Under Digital Environment

The widespread application of digital technology has accelerated the dissemination of works,but at the same time,it has also intensified the contradiction between copyright protection and work utilization.Overemphasizing copyright protection is not conducive to the development of public libraries;If public libraries are allowed to unrestricted the dissemination and use of works,it will also harm the legitimate rights and interests of copyright owners.It is particularly important to effectively address the imbalance of interests between public libraries,the public,and copyright owners.The public lending right refers to the right of copyright owners and neighboring rights holders to receive compensation from the government based on the lending or downloading volume of the copyrighted works,which are borrowed free of charge by public libraries.This system is of great significance for resolving conflicts of interest among all parties.In the pre digital era,public lending rights centered around paper works,but in the digital era,with the popularity of digital works such as e-books,the scope of public lending rights has expanded to include digital works.The introduction of the public lending rights system is not only beneficial for protecting the rights of copyright holders,but also promotes the dissemination of works and resource sharing,achieving high-quality development of intellectual property protection in China.According to the statistics on the International Public Lending Rights website,as of the end of 2021,56 countries or regions around the world have established public lending rights.As the first country to include electronic works in the scope of public lending rights,the UK has established a public lending rights registration center to protect the rights and interests of authors.In order to improve the operational efficiency of the public lending rights system,Taiwan has established a public lending rights registration management platform for management.Drawing inspiration from foreign practices,China can also provide for public lending rights in the Copyright Law,clarifying that the subject of their rights is the author and other copyright owners,and the object of their rights is works that enjoy copyright,including electronic books.Public libraries are used as the implementation venue for public lending rights,and copyright administrative departments and collective management organizations are the main management institutions,At the same time,a public lending rights registration management platform will be established to assist in the implementation of the public lending rights system.Establish the public lending right compensation system with the national financial subsidy as the source of compensation,and take the lending or downloading amount of works as the basis of compensation distribution,in order to solve the copyright problems faced by our public libraries in the Digital transformation,and establish the public lending right system in China as soon as possible.