In controlled digital lending, the issue of public interest in controlled digital lendivng, the issue of public interest

Source- The post is based on the article “In controlled digital lending, the issue of public interest” published in the “The Hindu” on 5th April 2023.

Syllabus: GS3- Science and Technology

Relevance– Issues related to intellectual property

News– There is ongoing legal tussle in the United States between four major publishers and the Internet Archive, which is a not-for-profit organization trying to build a globally accessible digital library.

What are the questions raised by the legal tussle?

It poses a fundamental question about the interface of copyright law and technological advancements.

The publishers have argued that the Internet Archives has violated the diverse rights provided under copyright law.

The Internet Archives has argued that books under copyright protection are lent only in a regulated manner, through Controlled Digital Lending. It is not a violation of United States copyright law.

What is the Controlled Digital Lending used by Internet Archives?

The Internet Archive CDL model follows the lending approach generally seen in physical libraries. If one copy is owned by the physical library, that copy can be loaned to one person at a time. So, the Internet Archives use one digital copy of each non circulating print book it has stored.

Internet Archives count only one additional copy per library for the purpose of digital lending. It is irrespective of the number of physical copies of that book owned by libraries participating in the IA’s digitisation.

How is CDL beneficial for larger public interest?

Lending physical copies of books from libraries has been on the decline. But the demand for reading books is not going down. Rather, people’s reading habits are changing. Today, many people prefer to read books on devices such as their smartphones and tablets.

The CDL is a positive response to this trend. It helps bridge the gap between urban and rural, and the privileged and unprivileged. It allows even people in the remotest villages to access books from libraries that are far away.

CDL initiatives ease access to many books that may have gone out of print or may not be available to access in many physical libraries.

CDL has enormous public benefits for education, research, and cultural participation.

What is the scenario of CDL in India?

India is yet to have a major CDL initiative.  Some universities such as the NLSIU have initiated major digitisation projects that can facilitate CDL in future.

The outcome in the IA litigation will have considerable impacts on such initiatives in India.

What is the ultimate conclusion?

The copyright system is not just about protecting the interests of copyright holders. It is equally about protecting the rights of the users of copyrighted works, and  the broader public interest.