Behind Shenzhen's Seven-Venue Joint Book Exchange Event: Legal Risks and Copyright Compliance Guide for Used Book Swaps
Lead-in: Trading books for greenery, legal risks lurk beneath the surface.
From 9:00 AM to 12:00 PM on August 22, 2026, seven branch centers of the Shenzhen Donation and Book Exchange Center will jointly launch a "one-for-one" book exchange event, covering districts such as Longhua, Bao'an, Guangming, Longgang, Pingshan, and Yantian. Citizens can bring idle books to exchange at nearby locations. This event both promotes the sharing of cultural resources and practices environmental protection concepts, which is commendable. However, as a lawyer who handles civil and commercial disputes year-round, my professional sensitivity was immediately triggered upon reading this news: old book exchange is not simply "bartering goods" — behind it lies a series of legal issues, including the legal validity of property rights transfer, tort liability for pirated books, privacy protection of personal information, and even the library's review obligations as the organizing party. This article will, from a lawyer's perspective, sort out the key legal points for citizens and event organizers, helping everyone avoid potential legal pitfalls while passing on the fragrance of books.
I. The Legal Nature of Book Exchange: Gift, Exchange, or Sale?
From a legal perspective, citizens bringing idle books to participate in a "one-for-one" exchange activity is essentially a bilateral contract act, namely a barter contract in which both parties owe each other an obligation of delivery. According to Article 647 of the Civil Code: "Where the parties agree to engage in barter transactions and transfer the ownership of the subject matter, the relevant provisions on sales contracts shall apply by reference." This means that although a book exchange is not a monetary transaction, it is legally treated by reference to sales contract rules, and both parties must ensure that the books delivered are subject to lawful rights of disposal.
In practice, a common risk is that some residents may mistakenly bring books belonging to family members or others to participate in the exchange, resulting in unauthorized disposal. For example, if Zhang San brings books left in his care by Li Si to exchange, Li Si has the right to demand their return upon discovery. Under Article 311 of the Civil Code, the doctrine of bona fide acquisition protects bona fide third parties, but the library, as the organizing party, may bear corresponding liability if it fails to exercise reasonable duty of review. Therefore, participants should ensure that the books they bring for exchange are lawfully owned by themselves, to avoid disputes arising from unauthorized disposal.
Additionally, the "one-for-one" rule of the book exchange event is essentially a conditional gift contract. Citizens deliver used books in exchange for the right to obtain an equal number of new books or others' used books. If the books delivered by one party contain defects (such as missing pages or severe soiling), it may constitute a breach of contract. Pursuant to Article 610 of the Civil Code regarding the non-conformity of the subject matter's quality with the agreed requirements, the other party has the right to claim damages or rescind the contract. Although the event rules have explicitly excluded books that are worn, discolored, soiled, or scribbled upon, oversights in on-site review may still give rise to disputes.
II. Infringement Risks in the Circulation of Pirated Books: Legal Liability of Libraries and Citizens
The scope of the book exchange event includes social sciences, literature, economics and management, philosophy, and lifestyle books, but it does not explicitly require participants to guarantee that the books are legitimate copies. This poses a latent risk of copyright infringement. Under Article 53 of the Copyright Law, distributing a work without the permission of the copyright holder constitutes infringement. If citizens put pirated books into circulation, even without seeking profit, it still constitutes an act of "distribution," and they may face civil liability such as cessation of infringement and compensation for losses.
As the event organizer, the library bears a reasonable duty of care. If it knowingly or should have known that the books were pirated and still allowed the exchange, it may constitute contributory infringement. Pursuant to Article 1165 of the Civil Code, a person who causes harm to the civil rights and interests of another through fault shall bear tort liability. The library should establish a review procedure, conduct spot checks on the copyright pages of books, and remind participants to pledge that the books are genuine. If pirated books circulate due to lax review, the library may bear joint liability.
For ordinary citizens, how can they identify pirated books? Lawyers advise: check whether the publisher information is complete, whether the ISBN number is standardized, and whether the print quality is clear. If you end up with a pirated book, you can report it to the library and request a replacement or compensation. Since book exchange activities involve no monetary transactions, loss assessment may be based on the book's market value, but the cost of rights protection is relatively high, so negotiation is recommended as the primary approach.
III. Risks of Personal Information Leakage: Privacy Protection in Old Books
Old books often contain personal items, such as photos, letters, receipts, and even sensitive information including copies of ID cards and bank statements. Before participating in book exchange events, citizens must carefully go through the books and remove all personal traces. According to Article 10 of the Personal Information Protection Law, no organization or individual may illegally collect, use, process, or transmit others' personal information. If personal information found in old books is obtained and misused by others, the original owners may face the risk of privacy disclosure.
In practice, there has been a case where a citizen donated old books, and an IOU tucked inside was later found by the recipient, who filed a lawsuit, leading to a debt dispute. Although the court ultimately ruled that the IOU did not have standalone evidentiary weight, the process consumed considerable time and effort. Lawyers remind the public to page through every page before exchanging books, paying special attention to easily overlooked spots such as bookmarks, title pages, and back covers. If others' personal information is discovered, it should be proactively destroyed or returned, and must not be disseminated.
The library, as the organizing entity, may set up signage at the event site and suggest that citizens sign a commitment letter before exchanging books, confirming that no personal items are left inside the books. Meanwhile, pursuant to Article 1032 of the Civil Code, natural persons enjoy the right to privacy, and no organization or individual may infringe upon another's right to privacy by means of disclosure, publication, or otherwise. The library has an obligation to protect participants' privacy and shall not disclose participants' personal information during the book exchange process.
4. Recommendations for Improving Activity Rules: Optimizing the Book Exchange Process from a Legal Perspective
In light of the above risks, the lawyer recommends that the event organizers improve the rules in the following aspects: First, clarify the book ownership declaration, requiring participants to sign a commitment letter guaranteeing that the books are genuine and that they have lawful disposal rights; Second, establish an on-site review mechanism to intercept obviously abnormal books (e.g., those with blurred printing or lacking an ISBN); Third, include a disclaimer clause in the event rules stating that "participants shall bear the risks of book quality and copyright on their own," but this clause shall not exempt the library from its statutory review obligation; Fourth, provide guidance on clearing personal information, post notices at the event venue, and arrange for staff to assist with checks.
For citizens, when participating in book exchange activities, the following should be noted: keep the exchange voucher (such as an activity stamp) as evidence in case of disputes; promptly check the book content after the exchange, and if infringement or privacy issues are found, complaints may be filed with the library in accordance with the Consumer Rights Protection Law, or resolution may be sought through people's mediation or litigation. Although book exchange activities are non-profit in nature, the law does not exclude liability, but compensation may be limited to actual losses.
Conclusion: Spreading the Fragrance of Books, Safeguarded by Law
The seven-venue collaborative book exchange event in Shenzhen is a highlight of urban cultural life and a touchstone for citizens' legal awareness in a society governed by the rule of law. From property rights to copyright, from privacy to responsibility, the circulation of every used book carries changes in legal relationships. As citizens, we should not only enjoy the pleasure of connecting with others through books but also examine the "background" of the books in our hands with a legal mindset. Guangdong Zhiming Law Firm has long focused on legal practice in the cultural field. If you encounter legal questions arising from the book exchange activity or other civil and commercial matters, you are welcome to consult us. We will provide professional services to help you enjoy the fragrance of books with peace of mind within the legal framework.
