Rethinking Library Copyright Exceptions under the Era of Digital Resources:From the Perspective of Ensuring Public's Free Access to Information
With the policy of promoting digitization of cultural works in China,the innovation of how knowledge should be supplied generates new requirements for library to fulfill its social function of cultural security.When facing the massive demand for the transformation of copyrighted works offline,copyright owners chose to apply technical measures to electronic copyrighted works to regulate the controlled lending of online resources and prevent copyright infringement in advance.However,the general application of technical measures also causes certain obstacles to the application of the traditional library copyright exceptions.The public cannot claim the infringement exemption any more on the grounds of fair use.The exceptions of technical measures,as a continuation of the local system of library exception rules in the digital environment,can restore free access to information for the public by adjusting the exclusive control of information resources.As to the specific institutional arrangement,legislators could add a new exception of technical measures for"non-profit library",coordinating it with the existing types of fair use,and making sure it would not be excluded from the private autonomy in contract.
Digital environmentTechnical measuresFair useCopyright exceptions of library
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