中文摘要：

文章考察＂获取电子书格式文字作品＂的立法例,旨在探明美国禁止规避技术措施例外制度如何维护视障者平等获取电子格式文字作品的权利。美国DMCA首次临时例外纳入文字作品,5次修改都保留文字作品的例外规定。剖析法定因素、非侵权性使用、不利影响和适用主体4个博弈焦点,解读该条款的演进与主要内容,可知规避技术措施获取电子格式文字作品,规避主体须为视障者或被授权实体;视障者须合法获得作品复制件且权利人已获得适当报酬,被授权实体须合法获得并使用作品,方可规避＂阻碍朗读功能或妨碍读屏软件、其他应用或者辅助技术的电子格式文字作品＂的技术措施,且被授权实体规避行为的对象限于非戏剧类文字作品。

英文摘要：

By investigating the legislation of accessing literary works distributed electronically,this paper aims at examining how the United States exemptions to prohibition on circumvention of technological measures to guarantee the rights of blind and visually impaired to equally access the literary works distributed electronically. Since the first time the limited exceptions were introduced to Digital Millennium Copyright Act（DMCA） of the United States,literary works wereincluded. The five follow-up revisions retained the limited exception of literary works. Arguments around the four focuses on non-infringing use, adverse effects, statutory factors and applicable subject are analyzed. Then this paper continues to explain the evolution process and main contents of such provision. It can be concluded that the subject who want to access the literary works distributed electronically by circumventing TPMs shall be visually impaired or authorized entity;when the visually impaired lawfully obtained a copy of such works which the rights owner has received appropriate remuneration, and the authorized entity lawfully obtained and used such a work which is non-dramatic literary work, they can be circumvent the literary works distributed electronically protected by technological measures that either prevent the enabling of read-aloud functionality or interfere with screen readers or other applications or assistive technologies. The provision is the fundamental guarantee for the visually impaired of USA. However, there still some limitations. The Exemptions to the Prohibition on Circumvention of Technological Measures are urgently needed for the increasing number of the blind and visually impaired in China to protect their rights and interests.