The library is a place that engages in activities such as collection, processing, storage, dissemination, and research of document information. Every aspect of its work is inextricably linked to intellectual property protection, especially in Today, the role of libraries has undergone tremendous changes. In addition to traditional information collection and dissemination tasks, libraries also undertake the tasks of some information publishers to organize and publish various forms of information products. The intellectual property issues involved are no longer It is limited to how to "reasonably utilize" other people's information resources, but also includes how to use legal means to legally protect one's own rights and interests. Therefore, intellectual property issues have attracted closer attention from the library and information community. Based on this point, this article will conduct a preliminary discussion on the intellectual property issues that libraries may encounter.
1. Information collection, organization and intellectual property protection
Information collection is the basis for libraries to carry out information services. In this regard, the main intellectual property issues involved in libraries are the collected Whether the information product is a legal information product. In 1990, our country promulgated the Copyright Law of the People's Republic of China. In 1992, it joined two international conventions, the Berne Convention for the Protection of Literary and Artistic Works and the Universal Copyright Convention. In 1992, it promulgated the "Implementation of International Copyright Law". "Provisions of the Copyright Treaty", therefore legally, both domestic and foreign works will be protected by law within the territory of our country. According to relevant legal provisions, any act of copying and distributing the copyright owner's works for profit without the permission of the copyright owner or copying and distributing the audio and video recordings made by the audio and video producer without the permission of the audio and video producer is an act of infringement, and the work produced is illegal publication. things.
2. Information services and intellectual property protection
1. Borrowing: Borrowing books and periodicals is a major service provided by the library to users. Regarding the borrowing of books by copyright holders, there has always been a dispute in the library community over "public lending rights." The "public lending right" here refers to the author's right to receive compensation for the library lending his books to readers. It is developing rapidly in Western countries. At present, countries such as the United Kingdom and the United States have begun to provide public lending rights. *This system is implemented in libraries. However, in our country, because our country's economy and culture are not developed enough, if the "public loan right" system is adopted, it will not be conducive to the dissemination of knowledge and will also have a negative impact on the progress of science and technology. Therefore, the Copyright Law has made It is clearly stipulated that "for personal study, research or appreciation, the use of other people's published works" can be done without the permission of the copyright owner and without payment of remuneration to the copyright owner. However, whether this approach is appropriate is still controversial.
2. Copying: Copying is an important means to make information widely disseminated and utilized. It is defined in the Copyright Law as “referring to printing, copying, copying, rubbing, audio recording, video recording, The act of making one or more copies of a work by ripping, remaking, etc.” However, the development of modern technology seems to have given a new meaning to the connotation of copying. New methods such as CD burning, electronic scanning, and online information downloading have all been regarded as important methods of copying. Although it is clearly stipulated in the "Copyright Law" that for school classroom teaching or scientific research, a small amount of published works should be copied for use by teaching or scientific researchers, or for the needs of libraries, archives, etc. for display or preservation of versions, the library should copy The works in the collection all belong to the scope of fair use of reproduction, but due to the new reproduction methods and the particularity of the objects they reproduce, we have to reconsider some issues.
First of all, whether it is legal to digitize original works in printed form for users to use, and whether new works are produced, the industry has basically concluded that no new works have been produced. Copying within the scope of "fair use" is legal, but publication and distribution is not allowed; secondly, if users download information posted online by the library through the INTERNET or LAN, do they need to obtain permission from the copyright holder or can they copy it at will? This issue is related to digitization. The identification of the mode of communication of the work is closely related and is still a focus of debate; thirdly, if a user reads information posted by the library on the Internet, whether the information temporarily stored in the random access memory constitutes a copying behavior, and whether the reader has rights to process it in various forms. Therefore, when libraries carry out copying services, if they are handled improperly, it is very easy to cause infringement, and we should pay enough attention to this.
3. Network dissemination of digital works: In recent years, the rapid development and comprehensive popularity of computer networks has also brought about a new way of information dissemination: network dissemination.
This method of network dissemination can not only disseminate text information over a larger range at a faster speed, but also deliver multimedia information such as sounds, graphics, images, and animations to users. This allows libraries to use the network to carry out information spread is becoming increasingly common. There are many forms of disseminating digital works on the Internet. Common ones include electronic database retrieval, video on demand, online distance learning, etc.
1) Electronic databases have the characteristics of large storage capacity, convenient and fast retrieval, and can contain text, sound, images and other information. Since their inception, electronic databases have been favored by information workers, especially It is the emergence of the WWW search method. Ordinary users can easily find the required information without training. Therefore, most libraries have introduced or built a variety of databases and provide services to users through LAN or INTERNET. .
2) Video on demand is an emerging technology. Through video on demand, users can remotely use the remote control of a computer or TV to access a large number of video materials collected in the library through the network. Get the video programs you need. This method is an important way for libraries to disseminate video information to users.
3) Online distance education is a new type of education that has emerged with the development of modern information technology, especially computer network technology and multimedia technology. People can learn in a computer network environment regardless of time. and space constraints to achieve “interactive teaching activities anytime, anywhere”. The library is an important base for online distance education. A large number of teaching software and information resources need to be disseminated to readers online through the library to meet their information needs.
Regarding the method of network communication, regardless of its form of expression, we should first clarify the nature of disseminating digital works to the public through computer networks. Secondly, we need to determine the nature of this behavior. Whether this behavior is a fair use of the work or an exclusive right of the copyright owner. There are currently two views on the first question. Some scholars consider it a "distribution" behavior. The reason is that distribution refers to providing a certain number of copies of a work to the public through sale, rental, etc., in order to meet the public's reasonable needs. When a user downloads a work from the Internet, as long as the digital information enters the user's RAM, the original work can be reproduced stably within a certain period of time or permanently, which constitutes the act of "copying" and thus "copying". issuance" behavior. In addition, some scholars believe that it is similar to "broadcasting" behavior. The reason is that broadcasting refers to the dissemination of works through radio waves and cable TV, and there is no essential difference between works broadcast on the Internet and those transmitted on cable TV, and they regard network communication as Public dissemination behavior can also avoid the contradiction of the principle of exhaustion of distribution rights, and there is no need to expand the definition of "distribution". Regarding the second question, most people believe that in addition to reasonable reproduction, providing readers with permanent copies of works requires authorization from the copyright holder. Such authorization can be made clear by signing a license agreement, such as limiting the scope of allowed access. That is, it can only be accessed in a specific location or within a specific domain name. When accessing the work, a fee is charged per time. Readers are restricted from copying and disseminating the work through technical means such as digital watermarks, electronic signatures, passwords, and CA (Certification Authority) authentication technology. .
4. Information consultation service: Consultation service is mainly to search for special information in detail and compile various secondary and tertiary documents on behalf of users. It is a deep-seated service carried out by the library. Since the development of these works is based on the research, processing, and arrangement of other people's works, and the research results, that is, the works studied, will also be provided to users in part or in full, therefore, in the process of carrying out these works, there will be intellectual property. Whether it is manual inspection or machine inspection, if a small amount of relevant data is copied for users to use for teaching and scientific research, it should fall within the scope of "fair use". However, if a large amount of relevant data is copied, especially a large amount of database content is copied for users to use for other purposes. Use is a serious infringement. Generally, when a library purchases a database, the contract signed with the publisher will clearly stipulate the scope of reasonable use of the database, such as the nature of the user and the method of copying. , scope of copied content, etc. Staff should pay attention to these regulations to avoid unnecessary trouble.
5. Resource sharing: In recent years, the rapid increase in the price of books and periodicals and the rapid expansion of information have made more and more information workers realize that only through resource sharing can they satisfy the increasing needs of users. The growing demand for information and the development of technology have also made it possible for libraries to share resources. As a result, various alliances have been formed among libraries, hoping to use joint ordering, interlibrary loan, and document delivery. and other activities to meet user needs. Although these practices are conducive to the dissemination of information, they also bring a problem to the protection of intellectual property rights. Multiple users can use the same copy through the Internet and digital technology within the scope permitted by law. This practice will break the previous copyright holder and The balance between the interests of publishers and the public's access to information has led some publishers to worry about whether the first copy purchased by a library will be the last copy for many users. How to re-establish the balance between the two in the modern technological environment, while protecting the rights and interests of authors while taking into account the interests of the public, has attracted more and more attention.
3. Production of information products
1. Editing works: Collecting information according to specific purposes, processing, sorting and rearranging it to form new works has always been a task of the library Important work. Traditional libraries mainly carry out paper-based work such as the preparation of search tools such as bibliography and indexing, and the compilation of tertiary documents such as reviews, and the compilation of special materials. However, with the popularization of computers, the maturity of database technology and the The simplification of information digitization has prompted more and more libraries to get involved in the production of databases and multimedia works, such as establishing bibliographic databases, joint catalog databases, various types of navigation libraries, and multimedia thematic databases.
Issues involving intellectual property rights in this regard can be divided into two categories: one is whether the edited work has copyright, how to protect the copyright of self-built databases and multimedia works, and the other is during the production process. When using other people's works as materials, does it require permission from the copyright owner, and does it constitute an infringement of other people's copyrights? Since it has been generally recognized that traditional printed compilation works are protected by copyright, the focus of these two types of issues is actually concentrated on databases and multimedia works.
There is still controversy over whether databases can be copyrighted as edited works. A database is a collection of independent works or information that organizes data or other materials in a systematic and orderly manner and is expressed electronically. According to my country's Copyright Law and relevant international conventions and regulations, it can be regarded as a compilation View the work. However, since the contents of the database can easily be copied by others, and can be extracted and rearranged as needed to form a new database, it is difficult for people to distinguish whether it constitutes an intellectual creation through content selection or arrangement, which raises the question of whether Disputes over copyright protection are inevitable.
Multimedia works are a collection of information that uses digital technology to express text, data, sound, images and other media information simultaneously or alternately. It usually appears as two or more types of works. gather. There are currently two views on the nature of this type of work. One is to treat it as a compilation work, because although the multimedia work creates a new form of expression, it does not change the attributes of the compilation work. One view is that it cannot simply be treated as a compilation work, but should be separately designated as a category of work for protection like film works. The reason is that the production of multimedia works can be said to be a complex systematic project that requires material selection and conception. , use multimedia production software to create, synthesize, and debug scripts, paintings, and sounds according to the overall design plan, and finally form a playable product. It is similar to the production of movie works. Since movie works can be regarded as a separate work, multimedia works can also be used separately. as a work. Regardless of the nature of the multimedia work, it is obvious that multimedia works should be protected by copyright.
According to the current "Copyright Laws" of various countries, people must obtain permission from the copyright holder and pay them remuneration when using other people's works. Therefore, whether it is a database or a multimedia work, they are faced with a problem: how to obtain With the permission of the copyright owner, his works are used as materials for production.
Databases and multimedia works often use a large number of original copyrighted works in the production process. If you need to first find these copyright holders and obtain their permission, and then pay their royalties one by one, it is very difficult for any production unit. A thing that requires a lot of time, manpower, and material resources is difficult to work in reality. Under this situation, some countries have proposed the establishment of special copyright collective management institutions to deal with original material problems that arise in the production and use of databases and multimedia works. However, this can only solve the problem of being able to pay. If the copyright owner requires a high payment Royalty fees, how to coordinate the relationship between the rights holder and the producer, this type of organization may not be able to do anything.
2. Production of computer software: The automation of information management is inseparable from computer software. As a user of computer software, libraries are often also developers of computer software. In the traditional Copyright Law, computer software is protected as a work. However, due to the particularity of computer software itself, my country promulgated the "Computer Software Protection Regulations" in June 1991. Therefore, in our country, computer software The protection of intellectual property rights will involve the "Computer Software Protection Regulations", "Copyright Law" and "Trademark Law". In addition, some scholars believe that computer software should also be protected by the "Patent Law" and the "Anti-Unfair Competition Law".
At present, the mainstream laws adapting to the protection of computer software are still the Copyright Law and the Computer Software Protection Regulations. According to the relevant provisions of the Copyright Law and the Computer Software Protection Regulations, these two regulations can currently only protect the expression of software works, that is, the source code, object code, and programs solidified in read-only memory of computer programs are all protected. The protection of both, while the ideas, concepts, discoveries, principles, algorithms, processing procedures and operating methods used in developing software are not within the scope of protection. This brings some problems to the producers. Although computer software is expressed in the form of programs and documents and implements certain functions through them, the core of the entire work is the creative idea of ??the producer. They organize the data structure rationally, Optimize processing processes and algorithms to realize the high value of software. Once someone takes advantage of the author's ideas and independently develops software that is very similar to his work, or uses special methods to modify the variable names and function names in the software Or process name, adjusting the order of insignificant process operations will present different forms of expression, so it can be legitimately protected by the law. In addition, computing software is extremely easy to copy and the cost of copying is very low, which can easily lead to serious illegal piracy. Regarding these problems, currently producers can only protect their products by using some special encryption measures. How to effectively protect the rights and interests of producers from a legal perspective is still a difficult problem and requires further research.
4. Organizational management and intellectual property protection
This aspect mainly involves the division of service works and non-service works and the ownership of copyright of service works. Article 16 of the current Copyright Law stipulates: Works created by citizens to complete the work tasks of legal persons or unincorporated units are service works. In the following two situations, the author only enjoys the right of authorship of the work for employment, and other copyright rights such as the right to publish, the right to modify, the right to use and receive remuneration are enjoyed by legal persons or non-legal entities: (1) Mainly using legal persons or non-legal entities Engineering designs, product design drawings and descriptions, computer software, maps and other professional works created by the legal person unit's material and technical conditions and for which the legal person or non-legal person unit is responsible; (2) The copyright is stipulated by the law, administrative regulations or the contract stipulates that the legal person shall Or a work of employment enjoyed by an unincorporated unit, otherwise the copyright is owned by the author, and the legal person or unincorporated unit only has the right to preferential use within its business scope. Since in our country, except for articles published by individual employees, the production of library information products is generally completed by information staff as part of their job, using the unit's equipment during working hours, therefore such works should be classified as professional works. The author can enjoy the right of authorship, and other rights of copyright should be owned by the library or the individual or unit that entrusts the library to produce products. Nowadays, many units have taken some measures to avoid disputes over property rights, protect the intellectual property rights of their affiliated units, and coordinate the interests of employees and their affiliated units. For example, in accordance with relevant national laws and regulations, they have formulated policies for protecting intellectual property rights of their units. Regulations, or when signing an employment contract, as part of the contract, clearly stipulate the responsibilities, rights and interests between employees and the unit.
V. Conclusion
1. In fact, the intellectual property issues involved in libraries are far more than those discussed above. Trademarks, website domain names, etc. are also increasingly subject to With the industry's attention, it can also be seen that the intellectual property issues encountered by libraries will become increasingly complex in the future. This requires that our information workers, while strengthening their awareness of intellectual property protection, must pay close attention to the legislative trends of laws and regulations on intellectual property protection, follow the principle of fair use, correctly handle the relationship between property owners and users, and pay attention to educating and guiding users Reasonably use the information materials provided by the library to reduce or avoid the occurrence of infringements. At the same time, we must also learn to use legal weapons to protect our own rights and interests.
2. In the print media environment, libraries can basically meet the various information needs of users in accordance with the current intellectual property protection laws and the principles of fair use guaranteed by them. However, with the transformation of information materials from print media to digital media, and with the updating and development of information processing, storage, dissemination and utilization means, the original laws and regulations can no longer fully meet the needs of technological development. Therefore, adjustments and improvements have been made. Work on the traditional intellectual property system is urgent. At present, many countries are amending original laws or formulating new laws and regulations to adapt to the needs of the information society. Information staff should also pay close attention to the trends of international intellectual property legislation and practice together with legal workers, in order to establish and improve appropriate laws and regulations. The intellectual property protection system based on my country's national conditions has gradually been brought into line with international practice, and a high level of legal protection of intellectual property rights has been achieved.
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