Libraly Journal

Libraly Journal ›› 2021, Vol. 40 ›› Issue (2): 29-37.

• THEORETICAL DISCUSSION • Previous Articles     Next Articles

Research on Legislation of Software Preservation in Library of Congress

Jiang Linjun   

  • Online:2021-03-04 Published:2021-03-04

Abstract: The legislation of software preservation is designed to balance the interest of software copyright owners and libraries and/or other institutions with public service missions. After analyzing the focus of battle between parties concerned on non-infringing use (fair use and Section 108, 117) adverse effects and statutory factors, the paper interprets the assumption, behavior patterns and legal consequences of this provision, and argues that library, archives, museum, and those institutions with a public service mission do not infringe copyrights. This new provision reflects the benign relationship between US legislation and library and information services industry, and reveal that multiple legislative models can help build an effective mechanism that balances social interests.