论著作权私权公权化趋势下图书馆的责任

On the Responsibilities of Library under the Tendency of Public Right of Copyright

现今,公权向著作权私权领域渗透,出现著作权私权的公权化趋势,这是建构著作权法的利益平衡机制、保障著作权人的专有权、实现著作权法的公共利益价值所需。顺应此趋势,作为公益性代表机构的图书馆确有维护著作权私权利益、保护社会公众利益、维护著作权人利益和社会公共利益的平衡的责任。

Nowadays, with the infiltration of the public right into the domain of private right of copyright, copyright is being transformed from private right in traditional meaning into private right together with its tendency of public right. The tendency of public right is necessary to construct the interests balanced mechanism of copyright law, to assure the exclusive right of the owner of the copyright, and to realize the common goods value of copyright law. Conforming to the tendency, the library as a public service organization should take on such responsibilities as protecting the private right of copyright, ensuring the common goods, and keep the balance between the interests of the owners of copyright and common goods.