Article 21 of the Copyright Law of People's Republic of China (PRC) stipulates that the protection period of the publication right and property right of citizens' works is 50 years before the author's death and ends at 65438+February 3 1 day in the fiftieth year after the author's death; If it is a cooperative work, the deadline is 65438+February 3 1 50 years after the death of the last dead author. The copyright protection period of the works of legal persons or other organizations (except for the right of signature) and the works of posts enjoyed by legal persons or other organizations is 50 years, ending at 65438+February 3 1 day in the fiftieth year after the first publication of the works. However, if the work is not published within 50 years after the creation, the copyright law will no longer protect it.
Worldwide, for personal works, the protection period stipulated by international conventions is generally 50 years before and after the author's death; At present, the copyright protection period of literary and artistic works in countries represented by the United States and European Union member States is 70 years before and after the author's death, and the copyright protection period of works under special circumstances is longer. According to the current copyright protection system, after the author dies for a certain period of time, the public can freely obtain the fruits of his intellectual works, and the author's copyright, at least his property rights, will expire. When a work is no longer protected by copyright, it is called entering the public domain. The public domain is also called the public domain. Broadly speaking, any work whose property status has not been established by law, even if it is creative, belongs to the public domain and can be freely used by the public, including works that have passed the copyright protection period, works that are not protected by copyright law and works whose authors have given up their rights.
2. Exceptions to restrictions on the use of copyright
In order to effectively balance the relationship between copyright protection and the use of works, it is necessary to set some rights restrictions and exceptions while attaching importance to copyright protection, which is of great significance to building a reasonable legal system. The restrictions and exceptions of copyright are mainly embodied in fair use and legal license.
Fair use refers to the use of a work in a certain way without the consent and payment of the copyright owner according to the provisions of the copyright law. Fair use is a legal system generally adopted by copyright laws in modern countries. The rule of judging fair use in the Copyright Convention is the "three-step test", which initially adopted the monitoring standard of the Berne Convention on the exception of reproduction right.
Legal license refers to the special license granted by the copyright law to users of works, that is, they can use their published works without the consent of the author or other copyright owners. When licensed to use another person's work according to law, remuneration shall be paid to the author or other copyright owner in accordance with the provisions, and the author's name, the name of the work and the source shall be indicated.
3. Remind end users.
The digital resources provided by the library need to provide copyright declaration, that is, it needs to be marked in a prominent position on the webpage to let readers know the specific use method and scope, and unauthorized use is strictly prohibited.
4. Follow the principle of "notice-deletion" in the contract.
According to the summary procedure of "notice deletion" in Article 15 of the Regulations on the Protection of Information Network Communication Rights in China, if there are infringing works, the library should immediately delete the suspected infringing works after receiving the notice from the copyright owner, otherwise it will constitute infringement.