Libraly Journal

Libraly Journal ›› 2022, Vol. 41 ›› Issue (5): 23-30.

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The Doctrinal Basis and Institutional Framework of Public Lending Rights in Digital Libraries: Perspectives on the National Emergency Library

Sima Hang(Centre for Studies of Intellectual Property Rights of Zhongnan University of Economics and Law)
  

  • Online:2022-05-15 Published:2022-05-24
  • About author:Sima Hang(Centre for Studies of Intellectual Property Rights of Zhongnan University of Economics and Law)

Abstract: The National Emergency Library in the United States is a useful attempt to respond to the basic cultural demands of the public during the epidemic, but its early closure has led to thoughts on the construction of digital libraries and the fair use system. When the fair use system of providing works without compensation fails, it is better to establish a public lending right system with appropriate payment to protect the interests of authors and promote the long-term development of digital libraries. With the dual core of protection and restriction of rights, the public lending right of digital libraries has a solid theoretical foundation and significant social benefits. With realistic legislative practices, it could be of great significance to the library in China. When introducing the right of public access to digital libraries, the scope of application and the allocation of compensation should also be localized based on the reality in China.

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