图书馆馆际互借与文献传递版权例外的立法构建

The Legal Construction of Copyright Exceptions for Inter-Library Loan and Document Delivery

馆际互借和文献传递是传播知识的有效途径,是图书馆核心功能的体现。我国《著作权法》未规定图书馆馆际互借和文献传递服务的版权例外,这使图书馆在提供此类服务时存在一定的法律风险。我国应在《著作权法》第三次修订中,增加图书馆馆际互借和文献传递的版权例外,并设置相应的版权例外条件,以平衡版权人、图书馆和公众之间的利益,保障图书馆保存和传播功能的发挥。

Inter-library loan and document delivery are effective ways of disseminating knowledge and also the embodiments of the core functions of the library. Due to the fact that there is no provision regarding the copyright exceptions for inter-library loan and document delivery in the China Copyright Law, the library in China may face the legal risks when providing such services. In order to balance the interests of the copyright owner, the library and the public, and to realize the preservation and the dissemination functions of the library, it is necessary to establish the ＂copyright exceptions for inter-library loan and document delivery＂ in the third amendment to the China Copyright Law, as well as to set up the conditions of applying such exceptions.