图书馆自建数据库著作权侵权豁免审视

Observation on Immunity from Copyright Infringement of Databases Built by the Library itself

图书馆建设数据库按照市场化运行,属于营利性行为,发生著作权侵权时,就失去免责的理由;实行共建共享或免费使用,属于公益性行为,则享有著作权侵权豁免。图书馆的公益性数据库建设享有著作权豁免缘于公民文化教育权、公共利益;并且数据库实体资源建设与虚拟资源建设使用作品的方式不同,享有著作权豁免的条件也不同。

The databases built by the library itself are run by the market way, this is considered as profit behavior. When the library infringes copyright, from responsibility. But the ones by the way of being it loses the causes of being granted immunity built jointly and shared, or being used without fee, this is considered as nonprofit behavior, the library receives immunity from copyright infringement. The copyright immunity to nonprofit databases of library comes from the civil culture and education fights and the common goods. And the terms of copyright immunity to library are different while the library uses the works by the different ways in the development of physical and virtual resources of databases.