Digital Libraries, Copyright and the COVID-19 Pandemic: A Comparative Study of India and The United States
29 Pages Posted: 17 Nov 2021 Last revised: 25 Jan 2022
Date Written: November 17, 2021
Abstract
The paper aims to bring to the fore copyright issues related with digital libraries and aim to provide prescriptive solutions for such issues. In this regard, I analyse the situation in two jurisdictions- India and the United States to understand if and how the situation changed for digital libraries during the COVID-19 pandemic. I look at some key concepts such as publication, distribution, reproduction, controlled digital lending, fair use, fair dealing, public interest, and copyright infringement. I analyse the role and impact of each of these concepts in the universe of digital libraries, specifically in times of the pandemic, and further aid our understanding by looking at it from the perspectives of law librarians in India and the United States.
To understand the practice of digital lending in India and the United States I interviewed a few librarians from both countries and learnt about the challenges faced by librarians to facilitate digital lending. I also learnt that while librarians in the United States practice controlled digital lending, librarians in India do not; they practice only digital lending. Testimonies of librarians and analysis of the present law and precedents in India and the United States led me to understand that there is no concrete law on digital lending or digital libraries at present in the two jurisdictions. Accordingly, this paper discusses the utility and necessity of digital libraries in the present times and make recommendations to facilitate digital lending. I make three recommendations in this regard which are as follows: 1. Amendment to the copyright law of India and the United States to introduce law on digital libraries; 2. Opt-out policy; 3. Compulsory licensing.
Keywords: digital library, library, India, United States, COVID-19, education, copyright, controlled digital lending, digital lending
JEL Classification: O3
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