International Comparison and Enlightenment of Fair Use Clauses of Copyright for Special Subject of Library
The exceptions to fair use of copyright for specialized subjects in libraries mainly include fair use based on preservation or replacement,interlibrary borrowing,and making or providing copies for research or learning purposes.A survey of the latest copyright legislation in nine countries,namely the United Kingdom,the United States,Canada,Australia,New Zealand,Germany,]apan,France,and South Korea,reveals that libraries have imposed varying degrees of restrictions on the subject,purpose,object,profitability,payment of remuneration,permission to provide digital copies,reproduction quantity requirements,commercial supply inspection law requirements,and contractual agreements for the purpose of applying copyright fair use clauses specifically to the subject.There are three problems in the legislation of fair use of copyright in Chinese libraries:the strict restrictions on fair use exceptions based on display or preservation purposes,the inapplicability of fair use exceptions based on personal learning or research purposes to libraries,and the increased risk of library infringement due to the lack of fair use exceptions based on interlibrary loan purposes.Therefore,we should learn from foreign legislative experience and combine it with our own country's actual situation.In the future revision of copyright law and the formulation of supporting regulations,China should attach importance to the necessity of rule reconstruction and continuously optimize the system of fair use rules for library copyright.
NETL
NSTL
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