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Research on Digital Library Copyright Licensing System

Author: ZhuXiuMing
Tutor: LiZuMing
School: China University of Political Science
Course: Legal
Keywords: Digital Library Copyright License Copyright Collective Management Creative Commons
CLC: D923.41
Type: Master's thesis
Year: 2011
Downloads: 185
Quote: 1
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Abstract


Network technology and digital advances increasingly changing the way people live , people enjoy the benefits of the Internet efficient and convenient, but also facing contradictions and conflicts under the network environment . Digital Library for the acquisition and dissemination of knowledge to provide people with a broader platform , but with the deepening of its development , licensing issues increasingly become the bottleneck of the massive work of digital library development. Until Google fully apparent violations , highlighting the lag of the law, not a sound system and the complexity of copyright licensing issues . Copyright license is the core and the key to solving the problem of copyright digital library , digital library development must overcome obstacles. In this paper, the real dilemma facing the digital library , we construct the copyright licensing system were studied , trying to explore new ways to solve the problem of massive works licensed to achieve a balance between the interests of copyright owners and users work . The first chapter is an overview of digital libraries and copyright licensing system. First introduced the concept of a digital library , features, and legal status . On the one hand , the digital library is inherited and extended the traditional library , public library has a tradition and should be distinguished from profit database ; hand, free sex , size and cost burden on network operators need to be some commercial work to sustain their survival and development , which in turn make it with the network operator characteristics . Different links in the digital library construction , digital libraries to act on the information in different ways work , the nature of their different subjects , but also determines the different rights and obligations. Secondly, to explore the copyright licensing system Digital Library. Development of digital technology has a huge impact on copyright , digital library construction to produce a lot of copyright disputes , through the typical case studies and discuss the reasons for copyright permission obtained and the crux of the problem is the direct cause of a large number of digital libraries copyright disputes arising where , Just solve the problem of copyright licenses , many copyright issues facing the digital library will be solved . The second chapter is on China 's copyright licensing system analysis and evaluation . Our copyright licensing system by the voluntary and statutory copyright licensing model consisting of licensing models , including the former separate authorization , collective licensing , authorization and proxy authorization offer four common mode ; latter mainly in the country 's legislation , including reasonable use of the system and statutory licensing system , in our domestic legislation is not mandatory licensing. Voluntary licensing model with full respect for the rights of copyright holders and personality , embodies the spirit of freedom of contract , but there are high transaction costs of defects, buried a copyright dispute risks. With the development of network technology , massive works , massive copyright owner appeared , voluntary licensing model has been difficult to solve the problem of massive authorize the work, not the solution to the digital library copyright authorization ideal model. About the rational use of the system and the statutory provisions of the licensing system of legislation is less sound reasonable copyright licensing system needs to build . The third chapter is to make their own digital library copyright licensing issues Solutions previous paper -based analysis and argumentation on . By the foregoing discussion does not currently exist in reality a single model can completely solve the problem of copyright permission , it is difficult to find a way for digital libraries , copyright and readers are able to generally recognized and accepted copyright licensing model, which is the reality of the problem . Therefore, to solve this problem we need the coordination and cooperation : on the one hand to improve legislation and strict restrictions on the rational use of the system , extend the statutory licensing body , the digital library into them, introduce scalability copyright collective management system ; another regard to the use of advanced technology , learn advanced practices of other countries , such as digital rights management , Creative Commons , etc., further improve China's copyright licensing system for the development and construction of digital libraries pave the way clear obstacles ; last the key issues from the main parties also need to consider long-term interests , taking into account the interests of all parties to respect the law of the market is running , make rational choices and achieve win-win benefits for all parties . Finally, the conclusion on the text of the topic were summarized .

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CLC: > Political, legal > Legal > Chinese law > China and France > Intellectual property rights > Copyright Law
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