Fair Use in Controlled Digital Lending by Libraries:Analysis of the Relevant U.S.Cases and Its Implications
[Purpose/Significance]Through an analysis of typical cases such as the American Authors Guild v.Hathi Trust case and Cambridge University Press v.Albert case,this paper explores the implications of American jurisprudence in determining the fair use in controlled digital lending in libraries.[Method/Process]Utilizing a case study approach,this research delves into the primary considerations of American courts in adjudicating cases involving CDL in libraries.These considerations include the purpose and nature of use,the nature of the work,the quantity and substantiality of the portion used,as well as market effects.Furthermore,by comparing how the courts interpret and apply the fair use principle in different cases,we aim to uncover patterns and trends.[Result/Con-clusion]The study finds that American courts tend to consider multiple factors when determining whether CDL in libraries constitutes fair use.While upholding copyright protection,the courts also strive to satisfy the public's legit-imate need for information access.These precedents not only provide significant guidance for libraries in the United States to conduct CDL,but also offer valuable references for libraries in China when dealing with similar issues.
U.S.librarycontrolled digital lendingfair usecase law
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NSTL
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