What are the know property rights issues involved in library work? How to standardize the operation?

Libraries are engaged in literature and information collection, processing, storage, dissemination, research and other activities, every aspect of its work and the protection of intellectual property rights are inextricably linked, especially in the role of libraries have undergone great changes today, libraries in addition to undertake the traditional collection of information, dissemination of the task, but also undertakes some of the information publisher to organize the publication of various forms of information products, the intellectual property issues involved are no longer limited to how to "reasonably use" others' information resources, but also how to use legal means to legally protect their own rights and interests. The intellectual property rights involved is no longer limited to how to "reasonable use" of other people's information resources, but also includes how to use legal means, legal protection of their own rights and interests, and thus intellectual property rights are more closely watched by the library and intelligence community. Based on this point, this paper will be on the library may encounter intellectual property issues for preliminary discussion.

A, information collection and organization and intellectual property protection

Information collection is the library to carry out information services based on the library's intellectual property rights in this area is mainly involved in the collection of information collected by the information product is a legitimate information products. China promulgated the Copyright Law of the People's Republic of China in 1990, acceded to the Berne Convention for the Protection of Literary and Artistic Works and the Universal Copyright Convention in 1992, and promulgated the Provisions for the Implementation of International Copyright Treaties in 1992, so legally, no matter whether it is a domestic work or a foreign work will be protected by the law in China. According to the relevant legal provisions, without the permission of the copyright owner, for profit, reproduction and distribution of his works or without the permission of the producer of audio-visual recordings, reproduction and distribution of audio-visual recordings produced by him are infringement of copyright, and the production of his works is also illegal publications.

Two, information services and intellectual property rights protection

1, borrowing: books and magazines lending is a major service provided by the library for users. For the copyright holder of the book lending, the library community has always been a "public *** borrowing rights" dispute. Here the "public **** borrowing rights" refers to the author of the library will be lent to the readers of the books written by the author of a right to receive remuneration, it is the rapid development of the Western countries, Britain and the United States have begun to implement the system in the public **** library. But in our country, because of our economy, culture is not developed enough, if the use of "public **** lending rights" system will not be conducive to the dissemination of knowledge, for the progress of science and technology will also have a negative impact, therefore, the Copyright Law made clear that "for personal study, research or enjoyment, using the works already published by others". Therefore, the Copyright Law clearly stipulates that "the use of published works of others for personal study, research or enjoyment" can be done without the permission of the copyright holder and without payment of remuneration, but whether this practice is appropriate or not is still controversial.

2. Reproduction: Reproduction is an important means of widely disseminating and utilizing information, which is defined in the Copyright Law as "the act of making one or more copies of a work by printing, copying, duplicating, topography, sound recording, video recording, reproducing, or reproducing a film, etc.". However, the development of modern technology seems to give a new meaning to the connotation of copying, such as CD-ROM burning, electronic scanning, online information downloading and other new ways have been regarded as an important way of copying. Although it is clearly stipulated in the Copyright Law that a small amount of reproduction of published works for teaching or scientific research in school classrooms for the use of teaching or scientific researchers, or reproduction of works collected by libraries and archives for the purpose of display or preservation of editions belongs to the category of reasonable utilization of reproduction, the new ways of reproduction and the specificity of their objects prompt us to reconsider some of the issues. The problem.

First of all, the original printed works in the form of digitization to provide users with the use of legitimate behavior, whether the creation of new works, the industry has basically come to the conclusion that does not produce new works, in the "fair use" within the scope of the reproduction is legal, but not for publication and distribution; Secondly, the user downloads the works through the INTERNET or local area network (LAN), the user can download the works of the library collection. Secondly, the user through the INTERNET or LAN to download the library on the Internet information, need to obtain the permission of the copyright holder or can be arbitrarily reproduced, this issue and the identification of the mode of dissemination of digital works has a close relationship with the present is still a focus of debate; Thirdly, if the user to read the library on the Internet information, the library is temporarily stored in the random memory of the information has been constituted by the act of copying, the readers have the right to various forms of processing. whether readers have the right to carry out various forms of processing. Therefore, the library in the process of carrying out copying services, if not handled properly will be very easy to cause infringement, to which we should pay enough attention.

3, the network of digitized works: in recent years, the rapid development of computer networks and the full popularity of the network has brought a new way of information dissemination: network dissemination. Network dissemination of this way, not only can a faster speed in a wider range of dissemination of text information, but also can be delivered to the user sound, graphics, images and animation and other multimedia forms of information, which makes the library to use the network to disseminate information has become more and more common. There are a variety of forms of expression of digital works for network dissemination, common electronic database search, video on demand, network distance learning, etc..

1) electronic databases have a large storage capacity, easy and fast retrieval, can contain text, sound, images and other information features, since its inception is highly favored by information workers, especially the emergence of the WWW retrieval, ordinary users do not need to undergo training can also be convenient to check the required information, so most libraries have introduced or self-built a variety of databases and through the local area network or INTERNET network. 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, the user can use the computer or TV remote control at the remote end, through the network as you wish from the library collection of a large number of video materials from the library to obtain their own needs of video programs. This method is an important way for libraries to disseminate video information to users.

3) network distance education is with the development of modern information technology, especially computer network technology and multimedia technology and the emergence of a new type of education, people can be in the environment of the computer network, regardless of time and space constraints, to achieve "anytime, anywhere interactive" teaching activities. The library is an important base to carry out network distance education, a large number of teaching software and information resources need to be disseminated to readers through the library on the Internet to meet their information needs.

The network dissemination of this way, regardless of its form of expression, we should first of all be clear is the digital works through the computer network to the public dissemination of what is the nature of the act, and the second need to determine whether this behavior is a reasonable use of the work of the act or belong to the copyright holder of an exclusive right. There are two views on the first issue. Some scholars believe that it is the act of "distribution", the reason is that distribution means to meet the reasonable needs of the public, through the sale, rental and other ways to provide the public with a certain number of copies of the work. When a user downloads a work from the network, as long as the digital information enters into the user's RAM, it can be stably reproduced for a certain period of time or permanently, which constitutes the act of "copying", thus constituting the act of "distribution". Some other scholars believe that it is similar to "broadcasting" behavior, the reason is that broadcasting refers to radio waves, cable television means of dissemination of works, and the network dissemination of works and the same cable television transmission of works in the nature of no difference, and the network dissemination of works as a public **** dissemination of the act can also be avoided distribution of the principle of exhaustion of the contradiction, no need to expand There is no need to expand the definition of "distribution". As to the second issue, most people believe that in addition to reasonable copying, providing readers with a durable copy of the work requires authorization from the copyright owner, and such authorization can be clarified through the signing of a license agreement, such as: restricting the scope of permissible access to a specific location or a specific domain name, access to the work on a per-access basis, and accessing the work by means of digital watermarks, electronic signatures, passwords, CA ( CertificationAuthority) authentication technology and other technical ways to restrict readers from copying and distributing the work.

4, information consulting services: consulting services are mainly on behalf of the user to exhaustively find thematic information and the preparation of a variety of secondary and tertiary literature, is a deep level of library services. As these works are carried out in the research, processing, organizing the work of others on the basis of the results of the research that is the work of the research will also be partially or completely provided to the user, therefore, in the process of carrying out these works will be involved in intellectual property rights. Whether by hand or by machine, if a small amount of reproduction of relevant information for users for teaching and scientific research, it should belong to the scope of "fair use", but if a large amount of reproduction of relevant information, especially a large number of database content for users to use for other purposes, it belongs to a serious infringement of copyright. In general, when libraries purchase databases, the contract signed with the publisher for the scope of reasonable use of databases will make some clear provisions, such as the nature of the user, the way of copying, copying the content of the scope, etc., the staff should pay attention to these provisions, so as not to cause unnecessary trouble.

5, resources **** enjoy: in recent years, the price of books and periodicals soaring and the rapid expansion of information, so that more and more information workers realize that only through the resources **** enjoy in order to meet the growing demand for information users, while the development of technology also for the library between the resources **** enjoy provides the possibility of so between libraries to form a variety of alliances in the hope that through the joint ordering So various alliances have been formed among libraries in the hope of meeting users' needs through joint ordering, inter-library loan, document delivery and other activities. Although these practices are conducive to the dissemination of information, they also bring a problem to the protection of intellectual property rights, that is, multiple users can use the same copy through the network and digital technology within the scope of the law, this practice will break the balance between the interests of copyright holders and publishers and the public's access to information, and some publishers have begun to worry about the first copy purchased by libraries will become the last copy for a large number of users. The Last Copy. There is growing concern about how to re-establish a balance between the rights of authors and the interests of the public in a modern technological environment.

Three, the production of information products

1, editorial works: according to the specific purpose of collecting information and its processing and rearranging, the formation of new works has always been an important work of the library, the traditional library is the main title of the book, the index of retrieval tools such as three times the preparation of literature and other reviews, the compilation of thematic materials, such as the work of the paper as a carrier, and now the popularity of computers, the maturity of the database technology, the work of the paper as a carrier. The popularity of computers, the maturity of database technology and the simplification of information digitization work, prompting more and more libraries began to get involved in the production of databases, multimedia works, such as the establishment of the collection of bibliographic databases, union catalog databases, various types of navigation library, multimedia forms of thematic databases and so on.

The issues involving intellectual property rights in this regard can be divided into two main categories: one is whether editorial works are copyrighted and how to protect the copyright of self-built databases and multimedia works, and the other is whether the use of other people's works as materials in the production process requires the permission of the copyright holder and whether it will constitute an infringement of other people's copyright. Since it is basically recognized that traditional printed compilation works are protected by copyright, the focus of these two types of issues is actually on the two types of works, database and multimedia.

It is still controversial whether databases can be protected by copyright as editorial works. Database is a kind of independent work or collection of information which arranges data or other materials in a systematic and orderly way and expresses them electronically, which can be treated as a compilation work according to China's Copyright Law and relevant international conventions. However, since the content of the database can be easily copied by other people, and can be extracted and rearranged according to the need to form a new database, it is difficult to identify whether it constitutes intellectual creation through the selection of the content or arrangement, which triggered the controversy whether it is protected by the copyright is inevitable.

A multimedia work is a collection of information expressed simultaneously or alternately in a variety of media, such as text, data, sound, images, etc., through the use of digital technology, which is usually manifested as a collection of two or more types of works. There are now two views on the nature of this type of work, one of which is to treat it as a compilation work because, although multimedia works create a new form of expression, they do not change the attributes of a repertory work. A view that can not be treated simply as a compilation work, but should be like a film work, a separate provision for the protection of a class of works, the reason is that the production of multimedia works can be said to be a complex systematic project, need to go through the selection of materials, conceptualization, the use of multimedia production software in accordance with the overall design of the program for the creation of scripts, paintings, sound, synthesis, debugging and finally form a playable product, and the production of film works, and similar, since film works can be separate, and since film works can be used as a separate compilation work. Similar to the production of movie works, since the movie works can be used as a separate work, multimedia works can also be used as a separate work. Regardless of the nature of multimedia works, it is obvious that multimedia works should be protected by copyright.

According to the existing copyright laws in different countries, people must obtain the permission of the copyright holder and pay him/her for the use of his/her work, therefore, whether it is a database or a multimedia work, all of them are facing the problem of how to obtain the permission of the copyright holder to use his/her work as a material for the production. Database, multimedia works in the production process is often used in a large number of copyrighted original works, if you have to find these copyright holders and obtain their permission, and then one by one to pay their royalties, for any production unit, is a need to spend a lot of time, manpower and material resources of the matter, in reality, it is also difficult to work. In this case, some countries have proposed the establishment of a specialized copyright collective management body to deal with the database, multimedia works and the production and use of the original material in the process of the problem, but this can only solve the problem of being able to pay for, if the copyright holder requests to pay a high amount of royalties, and how to coordinate the relationship between the right holder and the producer, I'm afraid that this kind of organization is still unable to do.

2, the production of computer software: the automation of information management can not be separated from the computer software, libraries as computer software users at the same time is often also the developer of computer software. In the traditional copyright law, computer software is protected as a work, but due to the special nature of computer software, China in June 1991 and promulgated the "Regulations for the Protection of Computer Software", so in China, the protection of computer software in intellectual property rights will be involved in the "Regulations for the Protection of Computer Software", the "Copyright Law" and the "Trademark Law", and in addition, some scholars believe that 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 of computer software protection law is still the Copyright Law and Regulations for the Protection of Computer Software. According to the relevant provisions of〖Copyright Law〗and〖Computer Software Protection Regulations〗, these two laws and regulations can only protect the expression of software works, that is, the source code of the computer program, the target code, the program solidified in the read-only memory are protected by the two, and the development of the software used in the ideas, concepts, discoveries, principles, algorithms, processes and methods of operation are not included in the scope of protection. This brings some problems to the producers, computer software is expressed in the form of programs and documents and through them to achieve a certain function, but the core of the entire work is the producer's creative ideas, they are through the rational organization of data structure, optimize the processing process and algorithms and other means to achieve the high value of the software, but once someone uses the author's ideas, and then independently develops its work is extremely similar to the software, or using special methods, modification of the work. However, if someone takes advantage of the author's idea and independently develops software that is very similar to his work, or adopts a special method to modify the names of variables, functions or processes in the software, or to adjust the order of irrelevant processes, the software will take on a different form, and can therefore be legally protected by the law in a dignified manner. In addition, computational software can be copied very easily and cheaply, leading to a high level of illegal piracy. For these problems, the producers can only protect their products by adopting some special encryption measures, and how to effectively protect the producers' rights and interests from the legal point of view is still a difficult problem, which needs to be further researched.

Fourth, organizational management and intellectual property protection

This aspect mainly involves the division of work and non-work and the attribution of copyright of work. Article 16 of the current Copyright Law stipulates that works created by citizens for the purpose of accomplishing the work tasks of legal persons or unincorporated units are official works. In the following two cases, the author of a work of duty only enjoys the right of authorship, and other rights of copyright, such as the right of publication, the right of modification, the right of use and the right of remuneration, etc., are enjoyed by the legal person or unincorporated entity: (1) engineering designs, product design drawings and their descriptions, computer software, maps and other works of duty created mainly with the use of material and technological conditions of a legal person or an unincorporated entity, and the legal person or an unincorporated entity bears the responsibility. (2) the legal person or unincorporated entity shall enjoy the copyright of the work of duty as stipulated in the laws, administrative regulations or contractual agreements, otherwise, the copyright shall be enjoyed by the author, and the legal person or unincorporated entity shall only have the right to prioritize the use of the work within the scope of its business. Because in our country, in addition to the articles published by individual workers, the library's information product production is generally part of the information staff as part of their duties, in the working hours, the use of the unit's equipment to complete the work, so this type of work should be a work of duty, the author can enjoy the right to sign the name of the author of the other rights of copyright should be produced by the library or commissioned by the library of the product of the individual or the unit owned by the owner. Now there are many units in order to avoid disputes over property rights, to protect the intellectual property rights of their units, and to coordinate the interests of employees and their units, has taken some measures, such as the development of the unit in accordance with the relevant national laws and regulations to protect intellectual property rights, or in the signing of the employment contract, as part of the contract, clearly stipulate the responsibilities of the employee and the unit, the rights and interests of the relationship.

V. Conclusion

1, in fact, libraries involved in intellectual property issues are far more than those discussed above, such as trademarks, website domain names and so on are also more and more attention by the industry, which can also be seen, the library will be encountered in the future will be more and more complex intellectual property issues. This requires us to strengthen the awareness of information workers in the protection of intellectual property rights at the same time, pay close attention to the protection of intellectual property rights, laws and regulations of the legislative trend, follow the principle of fair use, the correct treatment of property rights and users of the relationship between the attention to educate and guide the user to the reasonable use of information provided by the library to reduce or avoid infringement of rights. At the same time, we must also learn to use legal weapons to protect their own rights and interests.

2, in the print media environment, libraries can basically rely on the current intellectual property protection law and its guarantee of the principle of fair use to meet the various information needs of users. However, with the transformation of information materials from print media to digital media, with the processing, storage, dissemination and use of information means of updating and development, the original laws and regulations can not be fully adapted to the needs of technological development, so the adjustment and improvement of the traditional intellectual property rights system has been imminent. At present, there are many countries in the revision of the original law or the development of new laws and regulations to adapt to the needs of the information society, information workers should also pay close attention to international intellectual property legislation and practice trends with legal workers, for the establishment and improvement of intellectual property rights protection system suitable for China's national conditions and the gradual realization of the international standardization of the legal protection of intellectual property rights and realize a high level of advice.

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