1、1Research on the copyright protection of the digital librariesAbstract. With the rapid development of Internet technology， the network technology and the digital technology is more and more widely applied and the human society has entered the new era of the informatization development. The informati
2、on revolution in this period is mainly the change of the method of the information acquisition and the information transference. The digital library is the product of these new technologies. The digital libraries are quite different from the traditional libraries in terms of service contents and the
3、 management models. And they not only deeply affect the information communication in peoples life， but also have a certain impact on the current legal systems. Firstly， starting from the basic concept of the digital library， the author introduces the characteristics and nature of the digital library
4、， analyzes the relationship between it and the copyright， and then focuses on the problems of the copyright protection faced by the digital libraries， and finally puts forward the solutions aiming at existing problems. 2Keywords： Digital library； copyright； traditional library； construction of the i
5、nformation resources； rational use At the end of the last century， the exploration and research of the digital library has been launched in the global scope. The digital library is the organized information collection， and provides the information inquiry service for the people， and the information
6、is stored in digital， for the access of people through the network to read. Therefore， while the digital library is constructing the digitization of the information and providing services and other related work， it is directly related to the interests of the authors， the disseminators and the social
7、 public， which will involve the problem of the copyright protect. As a large-scale information resource under construction， the digital library faces the digitalization of the literature resources， the copyright issues in the process of the use， and the copyright protection problems of the informati
8、on database. In processing these problems， we should weigh the advantages and disadvantages， and take appropriate treatment measures. This paper firstly analyzes the concepts of the digital library and the relationship with the copyright， and then puts 3forward the problem of the copyright protectio
9、n of the digital library. Finally， based on the analysis of these problems， the measures come up. 1. The concept of the digital library and the relationship with the copyright The putting forward and the development of the concept of the digital library are closely related to the development of the
10、technology and the internet. In the seventys of the last century， American Ministry of national defense and the science foundation， association jointly creates the large computer networks， which was initially to share the database between the local institutions and the center， in order to save money
11、. With the later development and improvement， it has gradually grown into the digital library now. In the course of the development of the digital libraries， numerous network service providers were optimistic about this area， and they vigorously expanded the market in the name of “Digital Library“，
12、to seize the opportunity. In terms of the definition of the digital library， public opinions are divergent. Many scholars defined it from different perspectives， and the digital library in our daily life is also not a very strict legal concept. The digital library is originated in the English Digita
13、l Library. Some scholars also 4think that it is more appropriate to translate the library into the database， and it is a “massive database“， and the library will make more people think that it is the collection of books， which is “the sea of books“. The database not only refers to the information in
14、 the books， but it also includes a variety of information of many societies that can be spread. The digital library is a huge system engineering， which can digitally process the information which is dispersed in various media carriers， different types， and different location and then store it in a n
15、etwork platform. After being connected in the network， it can be accessed by people to read， to realize the real resource sharing. American University Library Association illustrates the definition of the digital library from four aspects： （1） it is not a single subject， which can connect together t
16、he information resources in various parts. （2） The connection of the digital library with the information services will ensure the transparency to the end users. （3） The purpose is to let the users easy to get more useful information. （4） In addition to the information on the books， it should also i
17、nclude more digital information resources that actually exist but cannot be printed. After these years of development， the digital library has 5introduced many advanced techniques and facilities， but ignored the legal environment that has a direct impact on the digital library. The copyright is the
18、right that the legal subject enjoys of his works， which has the specificity， time， regionalism and other inherent characteristics， and these characteristics in a certain extent has conflicts with the digital library， which is mainly manifested in the following areas： First， the attributes are contra
19、dictory between the specificity of the copyright and the sharing of the digital library. The copyright law is the legal product that the creators use to protect their legal rights， which is proprietary， while the digital library is a kind of media that disseminate the knowledge and information. The
20、purpose is to provide the existing reading literature to the masses， and this service is provided free of charge to achieve resource sharing. In the digitized network environment， the library should complete the sharing of the information resources， and rely on a variety of hardware and software fac
21、ilities to search and download the digital information. If necessary， it also can re-combine， delete and other finish， easy for the readers to absorb and adapt the information. But these operations in the copyright law are prohibited， which are controlled by the 6creators through the economic behavi
22、ors or the legal means. Second， it is the conflict between the lagging behind of the copyright and the working mode of the digital library. Because of the conservation of the law， its development lags behind the actual situation. The digital technologies in the digital library change rapidly， and th
23、e development of legal adjustment will not follow the situation. But overall， the relationship between the copyright law and the digital library is complementary to each other. The copyright is the fundamental guarantee of the information dissemination of the libraries， while the information collect
24、ion and dissemination of the libraries is the key to the realization of the copyright. 2. The problem of the copyright protection of the digital library In recent years， the contradiction between the digital libraries with the copyright is more and more fierce. In 2002， the professor in Peking Unive
25、rsity Chen Xingliang sued the China Digital Library Limited Liability Company to the court， which is the first time to initiate the legal action on the digital works， and got the win. Then in 2009， the Text Copyright Association negotiated with the Google Corporation on 7the digitalization of China
26、copyright books without authorization. The digital library has greatly changed the deficiency that the resources of the traditional library are limited， and the literature readers and the borrowing periods are limited and so on， which breaks through the constraints of the time and the space， providi
27、ng greater convenience for the readers. If the digital library is referred to as a huge resource database， the individual of the data does not have the problem of the copyright， but in fact the digital information also includes a plurality of the copyrighted works. During the digitizing process of t
28、hese works， some of the digital library companies did not have the permission of the copyright owners and included the works in the digital system for people to read. This kind of behavior is illegal from the law， and should be banned. The following will analyze the problems of the copyright involve
29、d in these two aspects of the construction of the information resources and the propagation process， to have an in-depth understanding of the relationship between the two， in order to find a proper solution. 2-1. Problems of the copyright in the construction of the information resources The digital
30、library is the large-scale database built 8through the processing and improvement according to the needs of the state and the society， and based on the study of the Chinese and foreign literatures. The digitalized processing of the literature resources is the replication process of the documents， an
31、d the digitalized products are a form of the reproduction. As in the provisions of the “Copyright Right Law of the Peoples Republic of China“， “Unless there are other provisions of the copyright law， making use of the works of others under the protection of copyright to make the digital products sho
32、uld obtain the prior permission of the copyright owners.“ Therefore， the digitization of the literature works is an internationally recognized replication behavior， but it must have the permission of the authors， and should be conducted in accordance with the relevant provisions. The copyright prote
33、ction of the database mainly has two aspects： the protection of the database itself and the protection of the database information. The innovation in the information contents and the arrangement modes of some large-scale international literature retrieval tools enjoys the copyright. Generally， the d
34、igital library will pay royalties to the source works. The establishment of the abstract data also belongs to the original， and in the production， it condensed 9the wisdom and labor of the workers， which are the works protected by the copyright law. Therefore， in the digital communication on the lit
35、eratures， the digital libraries must obtain the consent of the authors permission， and pay the remuneration in accordance with the relevant provisions. 2-2. The problem of the copyright in the process of the information network dissemination While the digital library is managing the data in the netw
36、ork platforms， often it will put a hyperlink， allowing the users to selectively access the information stored in different servers， and these hyperlinks may be the “shortcut“ to another web site. This behavior without permission will involve the issues of the infringement of the copyright. Many peop
37、le in the industry believe that the hyperlink that skips the home page and directly lead the readers to the paging is a tort， and to solve this problem， we need the help of the discipline of the network information servers. But the copyright law also clearly points out that in the special circumstan
38、ces （such as the individual learning or research， the news reports， and the school scientific researches and so on） ， without the permission of the authors， we can use their works， without the payment of the remuneration， but we must 10clearly mark the authors name and the title of the works， and sh
39、ould use within the scope of the law allowed. The problems in the above two aspects cover the main aspects of the current copyright problems， and also is the objects to be solved currently. 3. The solution to the copyright problem of the digital library The fundamental reason for the copyright probl
40、ems of the digital library is the difference between the two kinds of systems， that is， the conflict of the two in the interest of the group. The copyright system starts from the interest of the authors， and is established to protect the rights of authors. The library system is set up mainly by the
41、administrative means， with the protection of the readers interests as the core. When we are fully aware of the essential differences of the two systems， we can not only further consider how to protect the exclusive rights of the authors， but also can make full use of the works for the application of the society. The author thinks that we can alleviate this contradiction from the following several aspects. On the one hand， strengthen the legislative work， and establish and perfect the copyright licensing modes. In the
