Chanllenges, Plight and Solutions: Further Discussion on Library Fair Use Clauses and Its Application Under the Digital Environment

Abstract: [Purpose/significance] Fair use is one of the important mechanisms to keep the interests balance between copyright owner and the public. This is particularly crucial for the library bearing public cultural service function. However, in the practice, the fair use clauses of library do not give full play to the role of balancing interests, it is very necessary to find out its causes.[Method/process] Through the comparison with the extraterritorial legislation, as well as the case analysis in judicial practice, we could jump to conclusions:the main problem of library fair use in our country is that the current law and regulations are lag and unclear, resulting to its application range is very narrow. The narrow range is even more reduced by the license agreement and technical measures.[Result/conclusion] In order to dissolve those issues, we could perfect the law through the following aspects:add a principle regulation, define clearly its mandatory legal attribute, and emerge the application of some relevant clauses. Meanwhile, library also should strengthen its intellectual property management level, improve the quality of intellectual property rights, and strictly comply with laws and regulations to eliminate the infringement risk.