Controlled Digital Lending(CDL)is a new book lending model explored by libraries in the United States to meet the reading needs of digital-era readers.Its public value has been widely recognized during the COVID-19 pandemic and it is expected to become a powerful tool to support the digital transformation of librar-ies in China.The implementation of CDL functionality depends on adaptation of its copyright legality obstacles.Through the examination and reflection on the Hachette case against the Internet Archive regarding the fair use nature of CDL,this paper proposes that the assessment of CDL's fair use involves complex value judgments,with significant subjectivity and uncertainty,making it difficult to support its copyright legality.The legal prin-ciples of CDL is consistent with the principle of technology neutrality in copyright law.Viewing this model the principle of technology neutrality reveals that CDL can apply the exhaustion of rights and it is legally feasible.This clears theoretical obstacles for the introduction of CDL in China's copyright law.
关键词
受控数字借阅/合理使用/技术中立/发行权用尽原则
Key words
Controlled Digital Lending/fair use/technology neutrality/exhaustion of rights
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