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            180   Journal of Library Science in China, Vol.10, 2018


            either use the term “Library Science” or “librarianship”. In this way, they have implicitly asserted
            that “library and information science=library science=librarianship”. They have also alluded to
            this meaning in their criticism of the status quo of LIS education. Moreover, in attacking LIS
            education’s focus on the institute of library, this criticism has also equated “the library” with “the
            library institution”, hence with “the physical library”. In this way, the iSchool Movement advocates
            have accomplished the following meaning construction: “library and information science=library
            science=librarianship=discipline about the library institute=discipline about the physical library”.
            It is this imposed meaning of the LIS discipline that legitimated iSchool Movement’s agenda to
            reconfigure it into iField.
              It is clear that the central meaning construction that legitimated both Lancaster’s prophecy and
            iSchool’s aspiration is to treat “the library” and “the physical library” as identical. This restricted
            meaning construction threatens not only the existence of the library, but also the sustainability of
            the LIS discipline.



            Copyright legislative proposal and policy advice for text and data mining

                   〇a*
            LUO Jiao〇 & ZHANG Xiaolin
            Text and Data Mining (TDM) generally refers to mining patterns, trends, and other valuable
            information from text and data by using automated analysis techniques. It is a computer-based
            process, which derives or organizes information from text or data. TDM is of great value for
            improving scientific research efficiency, accelerating scientific discoveries, promoting scientific
            innovations, and realizing economic growth, but it is seriously hampered by market failures, legal
            uncertainties, and isolated information islands. Copyright uncertainty is the most significant legal
            obstacle faced by TDM. However, the current domestic researches on this issue focus on tracking
            the development of foreign countries, and relatively lack localization research on law of China.
            Therefore, this paper analyzes whether the TDM infringes copyright on Chinese copyright law, and
            believes that the TDM involves copyright-controlled behaviors under certain circumstances, which
            the statutory infringement exemptions such as copyright exceptions and contract authorizations
            cannot cover completely. At the same time, combined with the international responses to TDM
            copyright legal issues and the Copyright Law of China, this paper proposes a legislative proposal
            and several policy advices.
              For the legislative solution, it is recommended to add an TDM exception in the third revision of
            the Copyright Law of China, and to embody the following content in the clause: ① it would only
            apply where justified by non-commercial purposes; ② it would only benefit users having a lawful
            access to the data; ③ it would not apply if the analysis output substitutes for the pre-existing works


            ∗ Correspondence should be addressed to LUO Jiao, Email: luoj@mail.las.ac.cn, ORCID: 0000-0003-4949-5211
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