Keywords: library knowledge * * * enjoys the risk of copyright infringement
China Library Classification. : D9 13.4 Document ID: A ItemNo.:1003-6938 (2012) 04-0056-06 In the whole society, library knowledge * * * enjoys an important position. At present, all countries pay more attention to taking various measures, such as establishing a library alliance or building a library sharing system, promoting the dissemination and sharing of knowledge, fully tapping the inherent potential of all kinds of knowledge in libraries, realizing the effective application of library knowledge and providing great support for knowledge innovation. However, in the process of library's knowledge service, both explicit knowledge and tacit knowledge are at risk of copyright infringement, which has caused controversy in libraries, publishing, law and other social circles. Therefore, a correct analysis of the information flow process in library knowledge sharing will help the library to effectively control the copyright infringement in knowledge sharing.
1 the knowledge sharing process of the library
1. 1 library knowledge sharing model
The object of knowledge is knowledge. According to Polanyi's knowledge classification standard, knowledge can be divided into explicit knowledge and tacit knowledge. Explicit knowledge is generally attached to tangible carriers such as bamboo slips, silk cloth and paper, or stored in electronic media such as CD-ROM, magnetic tape and disk, and can be clearly expressed by language, words, pictures and models. Explicit knowledge attached to printed works cannot be possessed by more than two users at the same time in the process of use; Explicit knowledge attached to electronic media can be used by many people at the same time in the process of acquisition. Tacit knowledge is based on personal experience and involves various intangible factors. It is highly personalized and rooted in the behavior itself. Individual environmental constraints, including individual thinking patterns, beliefs, opinions, etc., are difficult to standardize and define and describe clearly, so they are exclusive and exclusive to some extent, and it is difficult to communicate with others and enjoy * * * [1]. Libraries have the richest knowledge resources. At present, from the perspective of development, utilization and existence value, the explicit knowledge of the library is more prominent than the tacit knowledge resources of the library. The most fundamental goal of library knowledge service is to promote the effective transformation of knowledge, which is the manifestation of knowledge sharing. According to the SECI model put forward by Japanese knowledge management expert Ikujiro Nonaka, library knowledge * * * enjoys four transformation modes (see figure 1): ① socialization, tacit knowledge sharing among library individuals, whether among library employees or between librarians and individual readers. (2) Externalization, that is, the mode of transforming the tacit knowledge of the organization that the librarian personally serves into explicit knowledge, that is, through effective expression of tacit knowledge, such as translation and demonstration, it can be understood by the members of the organization, which is the key link of tacit knowledge transfer; ③ Combination, that is, the unsystematic explicit knowledge from the library to the organization it serves is transformed into valuable and complex explicit knowledge; (4) Internalization, that is, the explicit knowledge from the library to the librarian or the individual reader is transformed into tacit knowledge. These four processes are constantly linked, circulated and occurred, which expands the personal knowledge of librarians to the overall knowledge of library organization and promotes the generation of new knowledge of other librarians. This spiral knowledge transformation process is the process of knowledge sharing, that is, the process of knowledge creation [3].
[Figure 1 Library Knowledge Sharing Mode] [Explicit knowledge] [Implicit knowledge] [Explicit knowledge] [Implicit knowledge] [Internalization] [Socialization] [Combination] [Externalization]
1.2 The forms of works used in the process of library knowledge sharing
In order to promote the transformation of knowledge, libraries ensure the dissemination and sharing of knowledge by building information resources or establishing library consortia. For example, China implemented the "National Cultural Information Resources Sharing Project" (February 2002), "Public Electronic Reading Room Construction Plan" (September 20 10) and "Digital Library Promotion Project" (February 20 10), with the knowledge of China Library. Library information resources are an important form to change the uneven distribution of works and information resources and promote the wide spread of works. It provides favorable conditions for knowledge, is an organic part of knowledge, and can also be said to be the initial state of library knowledge. During this period, the works mainly took the form of distribution and dissemination. Real library knowledge * * * is to let readers or the public obtain works by borrowing and copying works and information (in traditional times) or to spread, exchange and share knowledge between librarians and readers and between librarians and their service institutions, which is the mainstream feature of library knowledge * * * *. The reproduction and dissemination of works is an important form of works used in this period. Library knowledge finally participates in the process of knowledge transformation and creation through knowledge service, which is the highest pursuit of library knowledge service and the highest expression of library knowledge. In this process of knowledge creation, the citation of works and information is the most prominent feature of library's use of works. Therefore, library information resource sharing, knowledge service and knowledge sharing are closely related, mutually supportive and unified in knowledge sharing, which constitutes a complete process of knowledge creation service. In the different stages of knowledge enjoyment, the different forms of library's use of works determine the determination of copyright infringement in knowledge enjoyment, and also determine the corresponding measures taken by the library to control the occurrence of infringement.
2 Library explicit knowledge of copyright infringement risk analysis and control
According to SECI model, the explicit knowledge of the library is enjoyable, from explicit knowledge to explicit knowledge or from explicit knowledge to implicit knowledge, that is, the library provides explicit knowledge services to readers, and readers internalize after mastering explicit knowledge, or readers synthesize the explicit knowledge of the library to form explicit knowledge; Or the organization providing services in the library will combine the systematic explicit knowledge with the unsystematic explicit knowledge needed to create new works. The explicit knowledge sharing of library is based on the dissemination of library works or the sharing of information resources, and it is the leading mode of knowledge sharing. In the process of library's explicit knowledge enjoyment, the library may infringe the rights of copyright owners, such as the right of distribution and the right of information network dissemination.
2. 1 Risk Analysis and Control of Distribution Right Infringement
Distribution right refers to the author's exclusive right to distribute his works, specifically the right to provide copies of his works to the public by way of sale or gift. Distribution began with books, and has now expanded to books, film and television works, audio-visual products, artistic photography works, computer software and other fields. In the explicit knowledge sharing stage of the library, especially in the information resources sharing of the library, in the traditional simulation period, the library generally provides works to users (readers or organizations) by purchasing and then borrowing, so as to realize the knowledge sharing between the library and users. Because the traditional printed knowledge resources have the characteristics of "non-timeliness", there is no risk of copyright infringement when libraries lend books, periodicals and other original resources to users. If the library provides users with copies of works by copying, it may infringe on the author's distribution right. The validity of the right of distribution involves the issuer, distribution scope, distribution quantity and distribution method of the copy of the work. Based on the needs of library knowledge, the library can provide users with copies of works through alliance or document delivery, provided that the library must be authorized by the copyright owner. If the library does not obtain the distribution authorization, or changes the distribution scope of works without authorization, or changes the quantity and mode of distribution of works, it is an act of infringement of distribution rights [4]. For example, on March 12, 2065438, the Capital Library Consortium was established, which allowed the national libraries, university libraries, research institutes libraries, public libraries, hospitals, military and primary and secondary schools libraries in Beijing to unite voluntarily to realize the "one card" for the member libraries of the Consortium. In its service of inter-library resource sharing, borrowing and returning, the Alliance only provides readers with the original works (buying works published by publishing houses) without providing copies of works, which can effectively avoid infringing on the distribution rights of copyright owners. According to the provisions of the Copyright Law, a library can only copy its collections based on the need to protect the version and display, but it cannot spread them to the public outside the library, otherwise it may infringe on the distribution right. For example, Article 404 of the Digital Millennium Copyright Act (DMCA) of the United States stipulates that libraries are allowed to make three copies of their collections, including digital copies. If the original copy format has been eliminated and the equipment for producing online copies is no longer available, libraries are also allowed to make copies in new formats, but libraries cannot disseminate copies to the public outside the library building. Article 22 of China's copyright law allows libraries, archives, etc. Copying a copyrighted work for the purpose of storing or preserving the version. This use should meet the following conditions: the copied works are limited to works collected by museums or works that have been legally provided to the public; The number of copies must be used for preservation and substitution, and may not be sold, donated or rented; Reproduction shall not conflict with the normal use of the work, nor shall it harm the legitimate rights and interests of the copyright owner. The author believes that in order to enjoy knowledge, promote scientific and technological innovation and promote social development, China's copyright law can refer to the provisions of Article 108 of the American Copyright Law, Article 37-4 1 of the British Law, Article 3 1 of the Japanese Law and Article 20 of the Russian Law: except for preservation and substitution. This is not only conducive to the preservation, substitution and display of library resources, but also conducive to the enjoyment of explicit knowledge of the library, and will not threaten the copyright owner's distribution right, which is tolerated by the copyright owner.