Abstract:

Digitization is an important trend of public cultural services, but the copyright expansion caused by digital technology has intensified the conflict between public cultural service and digital copyright. The conflict between public cultural service and digital copyright is the contradiction between private right and public interest. However, the practice of restricting private rights and maintaining public interest can not relieve the tension between the two. According to the basic principle of the limitation of rights, the“public interest”to be realized in the public cultural service must be established on the basis of the full realization of the copyright. Relative to the rational use and copyright compensation, statutory license is more suitable for the requirement of balancing“private right”and“public interest”in public cultural service, and it is necessary to improve the system of statutory license of public cultural services in the framework of the copyright law.