Does the digitization of ancient books enjoy infringement?

Netizen "never" uploaded photocopies of ancient books collected from major libraries around the world to the Internet. These works were published before 1949, and their contents ranged from pictures to words, from abroad to ancient China, and they were well received by everyone. According to the link of the blogger in Weibo, netizens found that this "treasure hunt" place is an online ancient books library-bookshelves. My predecessor came from a Douban PDF station that collects and sorts out books, ancient books or paintings from all over the world. The content of ancient books in the website is all-encompassing, with various resources such as history, geography, philosophy, religion, art and science. The photocopied pictures on the website are of high quality. After clicking to enter, an image of a book will appear in the middle of the screen, and readers can turn pages freely like turning pages. The stationmaster "never" began to share photocopies of ancient books last year, initially in Douban, and now he has just moved to the website. Regarding the work of "porters", he said, "These rare ancient books should not only exist on the shelves in the attic, but I hope they can be restored to the public. At present, the digitization of ancient books in China is not optimistic, and many classic cultural essences are out of reach of the public and are shelved. For many readers, there is a cultural gap here. Photocopying is to classify ancient books reasonably through planning, scan them with high precision and publish them almost as they are. This sorting work provides experts and scholars with the most basic first-hand research data. Article 12 of the original Copyright Law stipulates: "The copyright of a work produced by adapting, translating, annotating or arranging an existing work shall be enjoyed by the person who adapted, translated, annotated or arranged it, but the exercise of copyright shall not infringe upon the copyright of the original work. "In the current revised draft, the relevant Article 13 stipulates:" A new work produced by using an existing work by means of adaptation, translation, annotation and arrangement is a deductive work, and its copyright shall be enjoyed by the performer. Anyone who uses a deductive work shall obtain permission from the copyright owner of the deductive work and the copyright owner of the original work, and pay remuneration. "Although the copyright law is becoming more and more perfect, in the specific implementation, especially in the case of a large number of infringement cases in the current network environment, it still needs a lot of efforts to protect the copyright of ancient books. The problem now is that piracy in the digital environment has become a great challenge to the digital collation of ancient books, and piracy between publishers has also appeared frequently. According to the provisions of the Copyright Law that the copyright of the works produced by sorting out the existing works shall be enjoyed by the collator, as far as the collation of ancient books is concerned, the so-called "sorting out the existing works" can be divided into two categories: one is the works formed by adding, deleting, merging, sorting out, processing and combing scattered works, which are usually unpublished works with relatively definite contents; One is the published works with relatively complete structure and clear content. What I want to talk about here is the collation of later ancient books, that is, the modernization of the version is realized through proofreading. Although photocopying does not involve adaptation, annotation and translation, people usually think that it is not a kind of arrangement and redevelopment, but this concept is very wrong. Photocopying of ancient books not only involves the hard work of editors, but also requires publishers to pay fees to relevant collections when using ancient books and documents collected by various libraries. For example, the "Rare Local Records" series published by the National Library Press means that staff members make photocopies on the basis of searching local records all over the country, and many local records are isolated. In particular, once the sorted photocopies are published, other publishing houses and even private booksellers will immediately copy them and dump them at low prices, resulting in unsalable genuine photocopies. Ancient books are the main carrier of human civilization and irreplaceable. However, it is generally difficult for ordinary readers to access the original ancient books, and even when facing a rare book, they will encounter difficulties in reading. Therefore, in order to get rid of the dust of history and see through the profoundness of ancient books, it is necessary to modernize ancient books, such as punctuation ancient books and digital ancient books, in order to eliminate reading obstacles, facilitate use and circulation, and realize the purpose of making the past serve the present. "Shu Ge" ancient books website sorts and classifies ancient books, and provides free downloads. Does this kind of network reprinting and dissemination violate copyright law? People in the legal profession believe that if the website of ancient books is not for profit and exceeds the legal copyright protection period, it is not infringement for people to download and consult photocopies of ancient books for free. On the one hand, the photocopies of ancient books provided by Shu Ge ancient books website were published before 1949, which has already exceeded the 50-year protection period stipulated by the copyright law, and it is not for profit, so it should be regarded as an act of spreading culture and should be encouraged; On the other hand, although the general website does not need to charge for downloading, it relies on click-through rate to obtain advertising revenue. However, the design of "Shu Ge" ancient books website has been as simple as possible, thus reducing people's click-through rate and showing its public welfare. Ancient books belong to public wealth. Ancient books belong to the public domain and can be used by the public. Whether it is biographical history, chronicle, chronicle, laws and regulations, local geography and academic history, each ancient book has its own historical background. As long as it is opened, it will be shrouded in history. For example, readers can read the Twenty-four History from many angles, so as to understand politics, military affairs, literature, art, laws and regulations.