挑战、困境与化解:数字环境下我国图书馆合理使用条款及其适用的再探讨

目的/意义]合理使用是维持著作权人个人利益与社会公共利益平衡的重要机制之一,对承担公共文化服务功能的图书馆尤为重要,但实践中图书馆的合理使用条款并未充分发挥利益平衡的作用,有必要对其存在问题及形成原因进行深入分析。方法/过程]通过与域外立法相比较,以及司法实践中的案例分析,可看出我国图书馆合理使用的主要问题在于现行法律规定滞后、规则不明晰,导致合理使用适用范围狭窄,还同时受到许可协议、技术措施的挤压。结果/结论]为化解图书馆合理使用条款的适用困境,可从增加原则性规定、明确其法律属性为强制性规定、扩大有关条款的适用范围等方面来完善立法。图书馆自身也应加强知识产权管理、提高知识产权素养,严格遵照法律规定以消除侵权隐患。

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

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.