Copyright, Pandemics, and Emergencies: When Desperate Times Dictate Contextual Responses

Abstract

This article explores fair use, the library exception, the first sale doctrine, and controlled digital lending as responses to copyright in the context of permitting libraries to digitize materials existing exclusively in print in their collection for use in teaching, research and scholarship by students, faculty, and other patrons. Also included is a decision matrix to be employed as a tool for analysis

Keywords: copyright, fair use, pandemic, epidemic, emergency, state of emergency, national emergency, obsolesce, hurricane, wildfire, flood, reproduction, distribution, controlled digital lending, CDL, library exception, first sale doctrine, decision matrix

JEL Classification: K00