Libraly Journal

Libraly Journal ›› 2022, Vol. 41 ›› Issue (5): 31-38.

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Research on the Problems and Improvement of Library Limitation and Exception Clauses in the New Technology Environment: On the Revision of Regulations on the Protection of Information Network Communication Right

Yuan Feng (School of Communication, East China University of Political Science and Law)
Xu Zhuo (School of Intellectual Property, East China University of Political Science and Law)
  

  • Online:2022-05-15 Published:2022-05-24
  • About author:Yuan Feng (School of Communication, East China University of Political Science and Law) Xu Zhuo (School of Intellectual Property, East China University of Political Science and Law)

Abstract: Due to the shortcomings of the library limitation and exception clauses and the development of digital network technology in China, the deficiencies and problems of limitation and exception clauses related to the traditional library have become increasingly prominent. The lack of limitation on the users’purpose of obtaining works, the lack of limitation on the digital works provided by libraries, and the new issues caused by text and data mining are examples of such. By learning from the advanced copyright laws abroad, China can revise the Regulations on the Protection of Information Network Communication Right (hereinafter referred to as the Regulations). On one hand, in article 7 of the Regulation, the specification on the users’purpose can be added, such as “to facilitate the research or study”, and also in this article, audiovisual works should explicitly be excluded from the types of works that libraries provide digitalcopies of. On the other hand, article 6 of the Regulations should add limitations and exceptions regarding the use of text and data mining by libraries and other institutions for scientific research purposes.