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Exploring copyright solutions to online-sharing of scientic literature

Huang Xianrong and Li Xiao
Department of Publishing Science, Wuhan University, Wuhan, China

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Received 8 July 2009 Revised 11 November 2009 Accepted 14 November 2009 Abstract

Purpose The purpose of this paper is to explore the effective mechanisms to balance the sharing online and the copyright protection of scientic literature in the digital environment, under the existing legal systems in China. Design/methodology/approach The paper is through scrutinizing the legal provisions referring to fair-use, statutory licensing, collective administration of copyright, and information dissemination by a library or through a computer network in current laws of the Peoples Republic of China, as well as through examining the successful copyright solution in China. Findings The paper concludes that statutory licensing plus common-use licensing is the proper and effective approach in the current situation, while collective management should be enhanced, and technological measures should be strengthened without prejudice to the public interest. Practical implications The exploration of copyright solutions could raise law and policy debates, in order to realize scientic literature sharing online and facilitate scholarly communication in the digital age. Originality/value The paper describes the possible legal room from scattered provisions of laws and regulations, lists the schemes for scientic information dissemination online in sequence, provides insight into noticeable licensing models and summarizes good experience, and discusses the technological measure issues while giving adaptive suggestions. It is, therefore, of use to scholars, librarians, and practitioners in the library and information eld. The suggestions can help modify the copyright laws and the policies as further step. Keywords Copyright law, China, Research work, Digital storage Paper type Viewpoint

1. Introduction In the digital and web-based Age, the online-sharing and the copyright protection of scientic literature have been highly concerned as tow themes. While the former has become a common aspiration, the latter still unsettled. Since the 1990s of the last century, China has been making efforts in carving out a path to apply modern communication technology into scientic information dissemination and scholarly communication. However, copyright issues are brought by ineffectiveness of large mounts of copyright licensing. Especially, the digital library projects are in the high occurrence area of copyright infringements and thwarted when prosecuted. Moreover, the application of protective technological measures strengthens the copyright control, and further restricts the public use. Besides, with the open access (OA) movement spreading in
Library Hi Tech Vol. 28 No. 3, 2010 pp. 478-488 q Emerald Group Publishing Limited 0737-8831 DOI 10.1108/07378831011076710

This paper documents the project Copyright protection research under the context of online-sharing of scientic papers (Project No. 2008113), sponsored by Center for Science and Technology Development of Ministry of Education of the Peoples Republic of China.

worldwide scope, the desire of quick exposal to the public leads authors to posting their papers or works in some open e-print repositories. And they do not restrict audience to access any more and are willing to assign some rights to users. During 2003 and 2004, some notable Chinese OA repositories and academic web sites appeared, such as Sciencepaper Online, Institute of Scientic and Technical Information of China (ISTIC) (www.istic.ac.cn), and Qiji.cn, Many web sites of this kind just make a brief notication to clearly specify that authors hold the copyrights. Thus, copyright management appears to be a little ambiguous and still does not have a uniform treatment in China. All these potential problems have to be concerned before threatening the balance between sharing and protection in further step. 2. Five schemes of copyright management Although exclusive copyright is enhanced under the current juristic protection, the public is still left a certain space to exercise the legal rights to properly exploit the scientic information. Reasonably, the exploitation domain within the law is likely to be the top preferred probing area. Several effective laws and regulations are examined as follows: . Copyright Law of the Peoples Republic of China (2001 version); . regulation on the Protection of the Right to Network Dissemination of Information (promulgated in 2006); . regulation on the Collective Administration of Copyright (promulgated in 2004); and . interpretations of the Supreme Peoples Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Copyright Disputes over Computer Network (2000, 2004, and 2006 version). 2.1 Fair use Fair use is considered to be the balancer between the right holder and the public, characterizing that users could use the works in certain legal circumstances without the permission from, and without payment of compensation to the copyright owner. From the earliest Statute of Anne, copyright laws and regulations adjust the protection scope continuously, with the advancement of technology. Although the scope of fair use become smaller and smaller with each amendments, it still remains as an institution to reserve some space for the public use, which reects in copyright laws of various nations and in international conventions (Huang and Shao, 2003). For example, exemption for libraries and achieves mentioned in Section 404 of Digital Millennium Copyright Act of 1998, or the exceptions or limitations to the reproduction right and the right of communication to the public or right of making available to the public in Article 5 of Directive 2001/29/EC in the Information Society. There are 12 fair use cases listed in Article22 of Copyright Law of the Peoples Republic of China (2001 edition), and item 1, item 2, item 6, and item 8 are related, including: the use for the purpose of the users own personal study, research, and appreciation; quotation for the purpose of introducing or commenting a certain work, or explaining a certain point; translation, or reproduction in a small quantity of copies by teachers or scientic researchers just for use in classroom teaching or scientic research, but not for publishing; reproduction of a work in its collections by a library for the purpose of display, or preservation. In 2006, State Council enacted Regulation on the Protection of the Right to Network Dissemination of Information, in which related

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provisions in Article 6 regulate several cases including quotation, dissemination through computer network in small group for class teaching and research. Noticeably Article 7 stipulates library offering legal digital collection to the readers through computer network in the premise is within the fair use. All these could tell that copyright laws recognize the legal rights of the audience to use copyrighted works in some non-commercial (NC) conditions, especially for the purpose of studying, scholarship, research, and teaching. That means digital libraries have legal rationale to provide online services to the readers for proper purposes and without infringements upon right holders. It is necessary for libraries to insist fair use institution in digital environment, manifesting in: . Libraries stand for the public good, which is fundamental to the right of fair use granted by the law. That is to say libraries could continue to apply to fair use when they are based on serving the public, or will lose legal status if becoming commercial organizations. Some scholars have argued digital libraries would function as the producer and distributor of digital versions of the collection, and will harm the authors interests when providing online browsing or download for free or through charging a small amount of fee. This worry is unnecessary because in China, libraries are public-owned, hosted and nanced by governmental or institutional units, and will exist as cultural institution to serve the public through delivering literatures. Furthermore, any publication production and circulation activity has to be strictly examined and approved by relevant governmental departments. So library will not replace the publishers or other information distributors to produce and disseminate digital versions, under the current Chinese macro institutional environment. . Libraries maintain the tenet of serving the public. From the bridging between books and readers of traditional libraries to sharing information resource of digital libraries, their service are always grounded on improving the civic quality, and ourishing the scientic and cultural undertakings. (Huang, 2005) Moreover, digital libraries provide services like online consultation and remote document delivery, with the purpose of reducing spatial limitation, elevating efciency, and satisfying the demands of readers for study and research, rather than proting. From this point, any service provided by digital libraries through computer network should be ascribed to fair use. 2.2 Statutory licensing Statutory licensing is a kind of non-voluntary licensing, that the users could exploit the copyrighted works without the permission of the holder, but have to pay the compensation and without prejudice to other rights of the owner. According to current laws and regulations in China, there are ve cases authorized within the scope of statutory licensing, including compiling textbooks for compulsory education, reprinting in newspaper or periodical, reusing published sound works for making sound recording, and rebroadcasting published or unpublished works by radio station or TV station, except where the author has declared that the reprinting and rebroadcasting is not permitted. Article 8 of Regulation on the Protection of the Right to Network Dissemination of Information, stipulates another tow cases of remote education and poverty alleviation. Up till now, disseminating through computer network is still a controversial area. The Supreme Peoples Court has ever promulgated Interpretations of the Supreme

Peoples Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Copyright Disputes over Computer Network in 2000, afrming the legal status of reprinting through network. And this provision is reserved after rst modication in 2004, but was abolished in 2006. This increases the difculties on achieving the target of sharing scientic literature online. Theoretically speaking, statutory licensing scheme surmounts the high cost of acquiring licenses through negotiating and contracting with large amounts of copyright holders, while keeping the holders from economic losses and assuring scientic information dissemination through network as well. Thereupon, many voices have been raised in the legal and academic communities, appealing amendment of Copyright Law of the Peoples Republic of China (PRC) once again to bring the digital library exploitation into the statutory licensing cases, or make some exception for disseminating for the public good through network (Yang, 2008). However, even if this plan could alleviate the tension between the copyright protection and the works dissemination to a certain extent, the actual application needs some supporting institutions to dealing with the payment collection or other probable issues besides of legal safeguard. 2.3 Acquiring the authorization from organizations of collective administration Collective management is the exercise of copyright and related rights by organizations acting in the interest and on behalf of the right owners. The collective management organization has right to conclude licensing contract with users, to collect and distribute royalties, and to institute legal activities like litigation and arbitration. Under the context of digitalization and networking, individual management is virtually impractical due to high cost brought by large amounts of licensing, remuneration negotiations, or the uses supervision. While collective management could reduce the cost greatly through its Scale Effect brought with monopoly (Yang, 2008). And it has been found that collective management is considered universally as a Win-win choice that can bridge the gap between the holder and users, consistent with the basic spirit of balance of copyright laws. In China, the system of collective administration of copyright is brand new. For the legislative aspect, Copyright Law of the PRC (2001 edition) added special provisions of collective administration of copyright, with the signicance of the recognition of its legal status in the legislative system of copyright protection, and lays the root for building organizations for collective administration of copyright. In 2004, Regulations on Collective Administrative of Copyright, enacted by State Council set forth the provisions in details, including the establishments, framework, authorizing scale, legal liability, etc. Strictly speaking, it was in October 2008 when the rst organization of administration of managing written works came into existence in China, China Written Works Copyright Society (CWWCS). This organization was formally approved by National Copyright Administration of the PRC and Administrative Department for Civil Affairs, dealing with the collective management of the copyright of written works in the uses of reprinting, dissemination through information network, broadcasting, performance and other forms of use, and also responsible for collecting and distributing the royalty fees in statutory licensing cases granted by the laws. Digital information disseminators could be granted from the CWWCS through blanket licenses to use the entire repertoire of scientic works. However, very limited membership currently cannot sufce to the demands of big information project for

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huge amounts of copyright licenses, like digital library or databases. Thus, Extended Collective Management could be considered in very strict elds like scholarship and education (Huang, 2005). 2.4 SSREADER model SSREADER model comes from a successful copyright solution of the rst digital library Super Star Reader (built up in 2000) in China. It creates an original scheme of exchanging its library card for the license from each author through negotiation face to face. Up till now, more than 300,000 authors have granted licenses to SSREADER, among who are 589 academicians from Chinese Academy of Sciences (CAS) and Chinese Academy of Engineering, 139 presidents and professors from many universities and colleges, and well-known experts, scholars, writers from various research and cultural elds. This model features in reciprocal exchange between network disseminating right and free-access right, ingeniously exerting the reality that the uses are also the authors. (Kang, 2007) Furthermore, SSREADER promotes cooperation initiatively with domestic publishers, taking the advantages in techniques and network to offer services to them. The member publishers of its online store could release the information of the latest publications, book reviews, subscriptions, and would receive order forms and prot in proportion. Accordingly, the publishers could help acquiring licenses, by virtue of its abundant contracting authors, expertise and experiences in selecting topic and planning editing. More than a hundred publishers have already joined, including Higher Education Press, Peoples Presses from several provinces, several regional Education Publishing Houses, tens of university presses, and many key publishing houses in literature and education. This model emphasizes cooperation and aims to Win-win, which has been accepted extensively by the scholars and publishers. Undoubtedly this primitive licensing model must be an extremely time-consuming and strenuous work, and its emergence has deep-rooted causes as follows: . Since the collective authorization of copyright has been at preliminary stage in China and related organization and institution has not been established during the time, information service providers cannot acquire licenses through this approach. . Before the amendment of the Copyright Law of the PRC in 27 October 2001, the right of disseminating through information network has not been denitely formulated in the Copyright Law, so the publishers have not been able to acquire this right through contracting with authors, from whom it might be laborsaving to get authorized. In spite of that, most publishers have not been foreseeing enough to bring the permission of disseminating through network into the publishing contracts after the amendment. Thus, the authorizations from the publishers are not available. . Actually speaking, it is no better than daydream to get some privilege like library exemption for a private-owned company like SSREADER without any governmental or institutional backer patron in China. Under the circumstances, SSREADER chose the most difcult way. Fortunately, through contacting with authors and publishers for many years, it has been working in conjunction with many universities, scholarly associations, and publishing bodies, keeps a sustainable and cooperative relationship with them. Probably this model

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might evolve into a kind of one like JSTOR, which follows the principle of the cooperative (Willinsky, 2006), to organize a large-scale implementation of immediate and sustainable OA, involving both publishing and archiving. 2.5 Creative commons licensing Creative commons licensing is a kind of web-based and common-use copyright licensing approach, specic to non-software creative works like web sites, academic works, music, movies, photographs, literature works, teaching materials, etc. All the licenses are based on granting the baseline rights, depend on the version, and comprise of a selection of four conditions attribution, NC, no derivatives, share alike. The authors could customize their licenses according to their own will. Nearly, every author uses CC licensing for the purpose of distributing his thoughts and ideas through network, or due to vanity consideration even without economic returns, while users could freely access copyrighted works marked with CC logos online and exploit them within required scope of the permission. Under Creative Commons Internationals spreading around the world, the China Mainland version of the CC licenses was ofcially launched in Beijing in 29 March 2006. And now, eight organizations in China have applied 2.5 China Mainland version of CC licenses on their web sites, including scholarly association, academic e-print repository, personal blog, web media, labor union, troupe, and involving information recourses of scientic papers, courseware, photographs, music, and other video clips. Only two open academic web sites adopted CC licensing. One is China Open Resources for Education which provides open educational resources from top universities of China and other nations, while the other is Qiji.cn which is a domestic pre-print repository hosted by a group of Chinese scientists. Most of the similar academic web sites such as Sciencepaper Online, ISTIC, still choose to issue brief statements of the copyright treatment in their web sites. In the conference International Symposium on Common-Use Licensing for Scientic Literature and Data in China, held in 25 March 2009 and hosted by the National Science Library of CAS, the US National Committee for CODATA of the National Academy of Sciences, and Creative Commons China Mainland, a large group of participants from various universities, research institutes, governmental agencies, libraries, and the internet industry gathered together, to discuss the rationale, practice, and issues associated with the application of Creative Commons/Science Commons common use licenses to scientic literature and data in government and academia, and also to explore the possible implementation of these licenses for publicly funded scientic literature and data in China. This event is designed to provide a basic introduction of the subject to members of the scientic literature and data community, and hopefully will appeal to the interests of both the science policy and the science research communities. CC licensing highlights convenience, exibility, and universality. This model builds up a proper and orderly coordinating mechanism, complementary to the juristic copyright system, specically applicable to the situation of authors wanting to disseminate, and greatly promotes the scholarly communication in digital environment. However, it has long way to go to acquire the acceptance of the Chinese mainstream academic community. 3. Technological measure issues With the application of technological measures in the private relief of copyright protection universally, China attaches importance to them in safeguarding the rights of

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copyright owners, and recognizes that the establishment of a wide range of legal protection for technological measure has become an international trend. Copyright Law of the PRC adds related provisions of legal protection for technological measures and copyright management information in item 6 and 7, Article 47, after the amendment, namely, intentionally circumventing or sabotaging the protective technological measures adopted by a copyright owner or an owner of neighboring rights in the works or the audio and video recording products, without permission of the owner, except where otherwise provided for in laws or administrative regulations are violations. Besides, Regulation on the Protection of the Right to Network Dissemination of Information makes further stipulations. In Article 26, technological measures are the effective technologies, devices, or components used to prevent or limit others from browsing or enjoying works, performances, or audio-visual recordings without permission from the owner, or from providing these works to the public through the network without the owners permission. And anti-circumvention provisions in Article 4, stating that no organization or individual shall intentionally avoid or destroy the technological measures, shall intentionally manufacture, import, or provide the public with devices mainly for avoiding or destroying the technological measures, and shall provide technological services to others to avoid or destroy the technological measures, unless it is provided for by any law or administrative regulation that the technological measures may be circumvented. According to these provisions, legitimacy of the technological measures contains following meanings: rst, the technological measures protect the rights protected by the Copyright Law, and restrict those unauthorized uses and other infringements; second, technological measures can only be taken out of defense, not for offense, and cannot damage the public interest; third, the technological measures cannot exceed the limit of stopping the infringements; fourth, technological measures can only be used to protect the rights granted by the law, but cannot be used to restrict the reasonable use by the public; fth, technological measures do not have legal status when conicting with other legal rights stipulated in any law and regulation. For example, those hurting individual legal rights like privacy, safety, and fair trading, etc. or harming the public interest, such as governments enforcement activities, and exemption of non-prot libraries, archives and educational institutions provided for in any law and regulation, are not within the protection of the copyright laws. Copyright laws recognize adopting technological measures as a legal approach to protect copyright holders interest and encourage creations, as well as hampering illegal uses. However, the blockade of intangible property would be a direct threat to the legitimate public use. In order to balance the interests, four legal circumvention circumstances are stipulated in Article 12 of Regulation on the Protection of the Right to Network Dissemination of Information, including: providing a small quantity of copies for classroom teaching or scientic research; providing works not for prot to the blind people in a manner they can perceive them; governmental performance of duty; testing the computer system or the safety capability. The rst tow circumstances must be for the works only obtained through information network. Obviously, the library use is excluded from legal circumvention, which makes the online-sharing more difcult. Furthermore, public interest is often damaged because of the over-defense of right holders. They could use the advantages of contract and

technological measures, to prevent any exploitation, leading to copyright limitations and exceptions only exist in name (Zhu, 2006). Technological measure issue is controversial in library and information profession. Facing the impacts brought by it, digital libraries, as mainstream scientic information disseminator of the public good in digital age, have to make corresponding responses, summarized in the following: . Properly using library exemption while cautiously using legal circumvention. The provisions of library exemption and various fair-use cases in copyright laws are the legal basis, especially in the circumstance of copying the works within the holdings, and acquiring the works of public domain through circumvention. But, the technology, software, and devices of circumventing the technological measures must be used cautiously, not for distribution and dissemination in particular. . Strengthening the application of technological measures on digital collections protection. Strong technological measures can suppress some copyright infringements directly. And, the effectiveness of technological measures that may be a consideration of solving copyright disputes. If users could damage the watermarks through easy operations like editing normal pictures, or peer-to-peer exchange of non-encrypted documents, it is hard to identify the behaviors in the administration of justice even if they are out of malicious intentions. At the same time, a strong technological measure is also an implication of the existence of copyright and the right holders determination to safeguard his rights. Various information providers of the public good should legally use technological measures to strengthen the protection of their own resources. . Clarifying copyright management information. In Article 47 of Copyright Law of the PRC, item 7 provides for the legal protection of electronic rights management information. And Article 26 of Regulation on the Protection of the Right to Network Dissemination of Information gives the legal denition that electronic copyright management information refers to the information that demonstrates the works and its author, performance and its performer, audio-visual recording and its producer, the information on the right of the owner of the works, performances, or audio-visual recordings, and the conditions for use as well as the numbers or codes used to represent the above information. It is for the right holders to protect and manage their own rights through attaching in the copies of works or displaying when communicating to the public. And it is an important reminder of possible infringements, and is also a consideration in the judicial procedure. Therefore, copyright management information should be offered before providing services, in order to suggest the existence of copyright, and it should also be protected by technological measures, so as not to be destroyed easily. . Improving business model. The circumvention of copyright protective technological measure in some cases is not motivated by intentional sabotage, but to avoid unfair business service models. These circumstances include: the implementation of copyright control on non-copyrighted works or other information in public domain; irrational limitation in copies of popular e-books; unavailability of borrowing books through normal channels; extremely unreasonable monopoly and high prices; too rigorous technical limitations; and any case bringing inconvenience and frustrating the users. Thus, digital libraries have to improve old business models continuously

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while taking technological measures to strengthen copyright protection, in order to provide user-friendly services. Thereby, unnecessary circumvention could be reduced and the readers interest would be guaranteed as much as possible. 4. Conclusion and discussion Modern communication techniques bring opportunities to scientic, educational, and cultural development, while posing problems. However, one is clear that online-sharing of scientic literature has become a big trend in the worldwide eld nowadays. Of the schemes discussed above, none could be predicated an omnipotent one, or by no means exists the one. More and more issues would appear continuously with further application of technology in copyright management. However, the operational room for the online-sharing within the legal area has to be clear, which is the rst step to nd a proper solution. And several principles have to be upheld as follows: . Scientic literature, as a special information resource, is highly related to the undertakings of public good like education, scientic research, technological, and cultural development. The fair-use right of the audience should be respected, and libraries should make the best of legal rights, to serve for the public good. . The respect of legal rights will not be changed, no matter what the information environment evolves to be. However, it is not equal to enhance the holders control through restricting the public use blindly. Specically, the authors right to transfer or abandon voluntarily should also be recognized, as well as the right to restrict. The monomial thought of protection which gives priority to limit the public use appears a little out of mode in the age when authors prefer to publish than to perish. In the pursuit of the same target sharing, new legal tools like CC licensing should be adopted. . The equilibrium of the interests is the fundamental principle of copyright protection. Especially, in the Big Cooperative Time involving authors, audience, libraries, publishing entities, and other communities, any inclination would break the existing balance of the interest between the participators, and will fail the operation ultimately. No matter how limited room left for the public to share in current legal structure, balancing mechanism could still be found with creative models by realizing the reasonable distribution of the interests. The SSREAER example has proved that rights exchange and interests compensation are effective solutions, and the innovations in the pattern of the copyright solution should be further encouraged on the way to explore the best scheme in the concrete situations. . Information globalization has already come that copyright protection has to be reconsidered in the global eld. Owing that the traditional protection system is based on copyright laws covering just within one nation, an international legal institution needs to be established in the new environment. Collective management becomes more and more important in dealing with various copyright issues between different communities, or across the nations. . Technology should be enhanced as a powerful instrument in copyright protection. Although the current application of technological measures makes some negative impacts on the public interest, it is not appropriate to cancel them or their legal status for rebalancing the interests between the private and the public. One thing should be clear that proper use of technology could help

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maintaining the harmonization, while any abuse would lead to misbalance. And any alternative approach to avoid or alleviate the conicts and the problems should be exploited besides of amending laws and statutes. From the above, statutory licensing plus CC licensing would be a relatively good solution to copyright issues. Theoretically, statutory licensing could realize the scientic information communication while compensating the authors interest, and is of great signicance to digital collection dissemination. However, it needs sound collective management organizations and institutions to support, which is still in the initial stage in China, reecting in small membership of the organization and ineffectiveness of copyright registration. Furthermore, the copyright collective administration would play more and more important role especially in scientic literature dissemination across nations. Therefore, China should attach enough importance to improving copyright collective infrastructure as quickly as possible, in order to make it capable to deal with various copyright issues between different communities, or across the nations. Besides, the common use of scientic literature online becomes more and more popular with the changing scholarly information communication. CC license, as an international and useful legal supplementary, could be adopted in academic community, to help communicate scientic literature through network. Lastly, the protective technological measures must be adopted without prejudice to the public interest, or will lose their validity. Considering these, the state ought to make more specic stipulations in the limitation or the manner of technological measure usage. In a word, the online-sharing of scientic literature without infringements of the copyrights has been the joint efforts of all nations. Although differences exist in the legal system, institution, and culture, all the nations could not isolate themselves anymore or neglect a new worldwide copyright protection system coming into being. China will keep on moving, with the hope of building an integrated copyright protection institution and exible mechanism, to accommodate to the new information environment.
References Huang, X. (2005), Copyright management during the process of connecting digital libraries, Library and Information Service, Vol. 202 No. 4, pp. 69-72. Huang, X. and Shao, K. (2003), The value and necessity of fair-use in copyright during the digital library construction, Document, Information and Knowledge, Vol. 66 No. 3, pp. 8-11. Kang, L. (2007), SSREADER model solves the copyright difculties, available at: www.ce.cn/ cysc/tech/07hlw/guonei/200705/14/t20070514_11340567.shtml (accessed 5 May 2009). Willinsky, J. (2006), The Access Principle: The Case for Open Access to Research and Scholarship, The MIT Press, Cambridge, MA. Yang, H. (2008), Expanding statutory licensing institution into digital libraries, Publishing Research, Vol. 197 No. 7, pp. 65-8. Zhu, L. (2006), Balance of the copyright interest in network environment, New Media, Vol. 26 No. 7, pp. 12-13. Further reading China Written Works Copyright Society (n.d.), About us, CWWCS ofcial website, available at: www.prccopyright.org.cn/aboutus.html (accessed 5 May 2009).

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Creative Commons China Mainland (n.d.a), Development stage for creative commons in China Mainland, available at: http://cn.creativecommons.org/en/index.php/abouten/ development-of-ccchina/ (accessed 7 May 2009). Creative Commons China Mainland (n.d.b), International symposium on common-use licensing for scientic literature and data in China, available at: http://cn.creativecommons.org/en/ index.php/2009/02/25/symposium-on-common-use-licensing-for-scientic-literatureand-data/ (accessed 7 May 2009). State Council (2004), Regulation on the collective administration of copyright, available at: www. lawinfochina.com/law/display.asp?db1&id3912&keyword (accessed 5 May 2009). State Council (2006), Regulation on the protection of the right to network dissemination of information, available at: www.gov.cn/zwgk/2006-05/29/content_294000.htm (accessed 5 May 2009). Super Star Reader Ofcial Website (n.d.), SSREADER acquiring 300,000 licenses, available at: www.ssreader.com/zhuanti/15/sc.htm (accessed 5 May 2009). The European Parliament and the Council of the European Union (2001), Directive 2001/29/EC of the European parliament and of the council of 22 May 2001 on the harmonization of certain aspects of copyright and related right in the information society, available at: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uriOJ:L:2001:167:0010:0019:EN:PDF (accessed 5 May 2009). The 9th National Peoples Congress of the Peoples Republic of China and Standing Committee (2002), Copyright Law of the Peoples Republic of China, Law Press China, Beijing. The 105th United States Congress (1998), Digital millennium copyright act, available at: http://thomas.loc.gov/cgi-bin/toGPO/http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi? dbname105_cong_public_laws&docidf:publ304.105.pdf (accessed 5 May 2009). The Supreme Peoples Court (2006), Decision of the supreme peoples court on amending the interpretations of the supreme peoples court on several issues concerning the application of law in the trial of cases involving copyright disputes over computer network (II), available at: www.lawinfochina.com/law/display.asp?db 1&id5692&keyword (accessed 5 May 2009). World Intellectual Property Organization (n.d.), Collective management of copyright and related right, available at: www.wipo.int/about-ip/en/about_collective_mngt.html#P46_ 4989 (accessed 5 May 2009). Yang, L. (2008), The win-win choice of collective administration of copyright in the environment of networking, available at: www.sipo.gov.cn/sipo2008/yl/2008/200804/t20080402_ 366075.html (accessed 5 May 2009). Zhu, H. and Zheng, Y. (2009), Ji Yanjiang and His Qiji.cn, available at: http://cn.creative commons.org/wp-content/uploads/ccq/ccq-2.pdf (accessed 7 May 2009). About the authors Huang Xianrong is a Professor and the Chairperson of Publishing Science Department. Her research eld includes: information laws and policy, publishing laws and policy, management of publication market, cultural industry, and copyright trade. Li Xiao is a Doctoral Candidate. Her research eld is cultural industry and copyright trade, information laws and policy. Li Xiao is the corresponding author and can be contacted at: sherglee@126.com To purchase reprints of this article please e-mail: reprints@emeraldinsight.com Or visit our web site for further details: www.emeraldinsight.com/reprints