The Regulation Approach to Digital Distribution of Out-of-Print Works in Library Collection
The copyright dispute between the National Library and Beijing Sanmianxiang Company has brought the issue of digital distribution of out-of-print works in collection to the attention of the society.In order to protect copyright,reconcile the public interest and avoid disrupting the normal market operation mechanism,China's Regulations on the Protection of the Right of Communication Through Information Network stipulate a fair use system for the digital dissemination of out-of-print works in collection.From the perspective of implementation,the restrictions on the eligible objects and the scope of dissemination are too harsh,and there are problems such as violation of the requirement of equalization of basic public serv-ices and violation of the principle of balance of interests.In light of the useful reference in newly amended Japanese Copyright Law,it is advisable for China to adopt the following reform measures for the regula-tion of digital dissemination of out-of-print works in collections:first,to expand the scope of fair use and establish a dissemination system covering intra-library,inter-library and extra-library,and establish a matching compensation mechanism;second,to optimize the conditions for the application of objects and es-tablish a dynamic recognition mechanism for out-of-print works;third,to explore the establishment of a digital dissemination mechanism for out-of-print works with the National Library as the hub.
Out-of-Print WorksRight of Communication Through Information NetworkFair Use
NETL
NSTL
万方数据
维普
