Database Copyright in a Library: China’s Legislation, Judicial Case and Their Revelation
翟建雄
【摘要】The rapid development of information technology and its wide application in library’s domain provides a superb opportunity to library in its transformation from a traditional library to modern one. It is one of important ways that library realize its shift to a digital one by using digitalized techniques to compile various types of databases from its printed holdings in this way to bring about the sharing and dissemination of information spanning time and space. But the first problem confronting the compiler in his database construction is copyright. This paper, while introducing legislation and judicial case at home and abroad, especially analyzing the legal significance of major two types of database: original and non-original ones, probes the appropriate ways for digital libraries in handling their copyright problems arising in the course of compiling a database.
【关键词】database, copyright, digital library
【全文】
Introduction
The Internet must be one of great inventions of the mankind in the 20th century. Peoples’ daily life has undergone immense changes along with the swift development of technologies of computer information, digitalization and network. Following figures are accountable to these changes. According to the authoritative data released in the semiannual reports of the 14th “Statistical Bulletin on the Development Status of China’s Network”1 latest issued by China Internet Network Information Centre (CNNIC) in July 2004, up to 30 June 2004, in mainland China the online computers have amounted to 36.30 million, an increase of 41.1 percent over the last year; and the number of net users have also reached to 87 million, up 27.9 percent compare to data reported last year. Analyzing from the occupation of users, students hold the majority and make up to 31.9 percent of the total users; and the next is professional personnel, 13.2 percent. In view of places accessing network, more than 67.0 percent netizens access net at home; 42.7 percent in work unit; 22 percent in net bar, net school or net café; 20.6 percent in school and university; and the percentage of netizens accessing net in public libraries have increased from 0.4 percent last year to 1.8 percent this year. As to the purpose of visiting network, netizens looking for information constitute the main proportion and the percentage is 42.3; following is entertainment and rest, 34.5 percent; the third is learning, 9.1 percent or so. In answering the question of “using internet may enhance the efficiency of your work, study and life”, more than 89.0 percent netizens agree with this view. In replying to the quiz “do you often acquire information from Internet?” about 98.7 percent participants give an affirmative answer to this question. In responding to the inquiry “what information do you often search for in net?” around 27.5 percent people select e-books.
From the investigation data mentioned above one can see that electronic documents existing in the network have become an important source for public to obtain information. Confronting the emergence of large quantities of electronic information resources and numerous netizens, the library, as a traditional distributing centre of literatures, must take some effective measures to cope with the challenge of information age. By digitalizing its holdings and compiling them into different types of databases, the library, with the help of network, may realize the share and dissemination of information spanning time and space, in this way the library will see great possibility of success in realizing transformation of its ways serving the public.
