Controlled Digital Lending of Library Books in Canada
De Castell, C., J. Dickison, T. Mau, M. Swartz, R. Tiessen, A. Wakaruk, and C. Winter. “Controlled Digital Lending of Library Books in Canada”. Partnership: The Canadian Journal of Library and Information Practice and Research, vol. 17, no. 2, Dec. 2022, pp. 1-35, doi:10.21083/partnership.v17i2.7100
33 Pages Posted: 11 Feb 2022 Last revised: 10 Jan 2023
Date Written: February 9, 2022
This paper explores legal considerations for how libraries in Canada can lend digital copies of books. It is an adaptation of A Whitepaper on Controlled Digital Lending of Library Books by David Hansen and Kyle K. Courtney, and draws heavily on this source in its content, with the permission of the authors. Our paper considers the legal and policy rationales for the process — “controlled digital lending” — in Canada, as well as a variety of risk factors and practical considerations that can guide libraries seeking to implement such lending, with the intention of helping Canadian libraries to explore controlled digital lending in our own Canadian legal and policy context. Our goal is to help libraries and their lawyers become better informed about the concept by fully explaining the legal rationale for controlled digital lending in Canada, as well as situations in which this rationale is the strongest.
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