Research on the Construction of Technical Measures to Avoid Exception Rules for Chinese Libraries as Special Applicants
In order to better maintain the balance of interests between copyright owners and the public,many countries have set up technical measures applicable to libraries and other institutions to avoid exception clauses.The main legislative models can be divided into four models:the European Union,the United States,Japan,and New Zealand.Among these four models,the scope of the librarys authority to avoid technical measures has significant differences.There is no specific provision in China for the exemption of technical measures with libraries as the subject of special application.Relevant legislation faces the current situation of high protection level of technical measures,insuffiicient provisions for technical measures exceptions,and a lack of mechanisms to respond to the abuse of technical measures.The applicable technical measures to avoid exceptions in Chinese libraries should be constructed from the following three dimensions:expanding the institutional space for technical measures to avoid exceptions as a particularly applicable subject,regulating the applicable conditions for indirect technical measures to avoid exceptions such as libraries,and improving the supporting mechanisms for technical measures to avoid exceptions in institutions such as libraries.
LibraryTechnical measureCircumvention exceptionLegislative dilemmaRule construction
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NSTL
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