数字化转型中图书馆受控数字借阅模式研究

The Controlled Digital Lending Model by Libraries in the Digital Transformation

受控数字借阅(CDL)是将实体图书以数字化方式进行可控借阅的新型借阅模式。自2011年首次提出后,CDL模式经历了萌芽期(2011—2017年)、探索期(2018—2019年)及发展期(2020年至今)三个阶段。尽管欧美国家知识产权相关法律存在差异,但各国图书馆都在本国法律框架下对CDL模式进行了诸多实践尝试,根据不同应用场景,可将各国的CDL模式分为借阅服务和教学支持服务两大类。在数字化转型背景下,我国图书馆特别是高校图书馆应在法律环境下探索适合我国实际情况的CDL模式,从限制图书类型、合理使用CDL工具、与出版商合作、组建数字借阅资源共享平台等措施着手,以CDL方式积极推进实体馆藏的数字化服务转型。

Controlled Digital Lending(CDL)is a new model by which libraries digitize materials in their collection and make them available for controlled lending.CDL was initially introduced 10 years ago and has been developed quickly after 2020.This paper sorts out the concept and development of CDL,and divides the process of CDL into embryonic stage(2011-2017),exploratory stage(2018-2019)and development stage(2020 to present).In the embryonic stage,although there were related research and attempts,the specific concept of CDL had not been formed and the practice was not enough.In the exploratory stage,the concept and core principles of CDL had been defined and received plenty of attention in the American library community.During the development stage,the COVID-19 pandemic has brought opportunities for CDL to globalize,and CDL is supported by the library circle around the world.This paper analyzes the feasibility of CDL according to the relevant laws and regulations in the United States,Europe and the international community.In the United States,CDL is mainly based on the principle of first sale doctrine and fair use;in Europe,CDL is mainly related to relevant directives and copyright restrictions and exceptions;among the international community,CDL basically complies with the relevant provisions of the three-step test.This paper summarizes the status quo and specific operation mode of CDL practice abroad,in the hope of providing suggestions for the specific practice of CDL in Chinese university libraries.The authors sort out the official website documents of well-known foreign library organizations and CDL tool development institutions,summarize foreign practical cases of CDL,and analyze related application cases in foreign university libraries and CDL tool.This paper discusses the legal possibility of implementing CDL in China.A further review of relevant domestic laws has found that,although the Copyright Law of the People's Republic of China only stipulates 12 acts that can use works without permission and remuneration,the court can still determine that the mode of CDL constitutes fair use based on the general provisions of the fair use in dealing with cases related to CDL.Lastly,this paper points out that China's libraries,especially university libraries,shall limit the books types,reasonably apply CDL tools,actively cooperate with publisher,and build the plaform of digital lending resources sharing to promote the digital services transformation of physical library in CDL way.