Research On Copyright Limitations And Exceptions For Libraries In The Digital ERA

Libraries are treasuries of cultural works and knowledge. By storing information and making them available to the general public for free, libraries provide the access key to knowledge. They thus perform essential public interest functions, such as dissemination of knowledge and preservation of cultural heritage. On top of these functions, there is also a clear social mandate for libraries in the digital era to close the digital divide and to guarantee the rights to free and equal access to knowledge and information for the general public. While copyright laws seek to encourage creativity by granting exclusive rights to copyright owners, the same set of laws also strive to promote the progress of culture and to fulfill public interest goals. Hence, libraries rely on the limitations and exceptions clause in copyright laws to fulfill their public interest missions without risking copyright infringement.A renewed emphasis on library copyright exception arises in response to the evolving information society and Internet trends of the digital age. Countries have undertaken systematic review and amendment of their copyright exception rules to balance the competing values of private interest and public benefit. Relevant interenational agreements, national laws and their subsequent development thus constitute a topic of great research interest.This dissertation contains three parts: Introduction, Body and Conclusion. The main body is divided into six chapters. Chapter I: The Connection between Libraries and Copyright. This chapter starts with a premise that libraries are of public interest nature, and then proceeds to explain the pivotal role of copyright exceptions for libraries in copyright laws and the diversity of the limitation and exception regulations in different countries. Countries have entered the process of review and amendment of their copyright laws to varying extents in response to the challenges posed by the digital revolution. The advent of digital and Internet technologies has tipped the balance between public and private interests that we had inherited from the copyright laws of the time of print media. Therefore, reviewing the existing legal structure is a task of paramount importance, an undertaking to identify the new optimal balance between the competing values of public interest and public benefit.Chapter II: International Copyright Conventions and Relevant Agreements. Copyright protection is territorial in nature. However, the recent decades have witnessed increasing cross-border trade and cultural exchange. Intellectual property assets also travel between national boundaries as important and valuable goods. Thus, international conventions and multilateral agreements are pivotal in harmonizing and regulating mutual protection and enforcement of copyrights in signatory countries. The Mainland of China and Taiwan have both ratified several international treaties. This chapter examines the“three-step test”as required in the Berne Convention for the Protection of Literary and Artistic Works, the TRIPS agreement and several important international copyright treaties. The test will constitute a basic legal structure to which copyright exception rules for libraries align.Chapter III: Limitations on Reproduction Right for Libraries and Archieves under U.S. copyright law. Based on the legislative documents for the U.S. Copyright Act of 1976, this chapter explores the legislative history of Section 108 and the interplay between this section and Section 107 (fair use). To make a thorough analysis of the obstensibly complex reulgations, this chapter specifically employs a systemised approach to understanding the laws. Also, this chapter examines The Section 108 Study Group Report, a commissioned study by the American Library of Congress and the Copyright Office to evaluate and identify inadequacies in the existing section 108 regulations.Chapter IV: Copyright Limitations and Exceptions for Libraries under Japan and South Korea laws. This chapter begins with a thorough study of the portion of the Japan Copyright Law dealing with limitations and exceptions for libraries, followed by a comprehensive overview of the 2009 copyright law amendment and its current practice relating to the preservation of digital library collection and webpage archives at the National Diet Library. Secondly, it is worth nothing that, inspite of the fact that South Korean copyright law had largely modeled after Japanese laws, South Korea have finished amending its copyright law to regulate digital reproduction and transmission before its Japanese counterpart embarked on such enterprise. In addition, the Korean statutory licensing scheme for certain uses of copyrighted material also invites great research interest. This chapter is devoted to these topics.Chapter V: Limitation and exceptions for Libraries under the Mainland of China and Taiwan laws. This chapter considers the requirements for copyright exceptions for libraries, scholarly and governmental opinions, and respective practices in the Mainland of China and Taiwan. In the mainland of China, Regulations on the Protection of the Right of Communication through InformationNetwork, enacted in 2006, allows libraries to provide in-library access to digital collections that meet certain requirements. This new copyright exception scheme is worthy of scholarly consideration. Finally, recommendations for regulating copyright limitations and exceptions for libraries in the Mainland of China are presented in this chapter.Chapter VI: Review and Amendment of Copyright Limitations and Exceptions for Libraries under China’s Taiwan law. This chapter builds on the studies outlined in the previous chapters and consults the legislative precedents from the U.S.A., Japan, South Korea, Australia, Germany, France and the United Kingdom. Approaching the copyright exception topic from six major issue areas, the chapter contains an overall examination of Article 48 of China’s Taiwan Copyright Law, and presents recommendations.This dissertation concludes by summing up findings given in each chapter and proposing amendments of regulations relating to copyright limitations and exceptions for libraries to fulfill the following goals: 1) commit to abide by the three-step test used in the international agreements and, where appropriate, incorporate the test into national laws; 2) update laws to produce the optimal dynamic balance of interests; 3) keep qualifying subjects, in particular libraries, sticking to their non-profit missions; 4) introduce“statutory licensing”where appropriate; and finally, 5) regulate copyright collective management organisations and related service groups.