Controlled Digital Lending for resource sharing: Law and policy since 2018. – YouTube

“For more than a decade, libraries have engaged in a variety of digital lending practices that are now described as controlled digital lending (CDL). But only more recently, in 2018, were the foundational law and policy arguments for the practice of CDL articulated in what has become the widely cited White Paper on Controlled Digital Lending of Library books.” Since that time, the law, policy, and practice of CDL have evolved considerably.

In this session, the presenters—Dave Hansen and Kyle K. Courtney, both lawyers, librarians, and authors of the original CDL white paper—explain the basic framework for CDL. They will review recent developments in CDL law and policy, including integration in library norms such as reserves and interlibrary loan. They also will review international developments and the copyright infringement lawsuit filed by the ‘Big Five’ publishers against Internet Archive for CDL. Speakers: Kyle K. Courtney, Copyright Advisor, Harvard University Dave Hansen, Associate University Librarian for Research, Collections & Scholarly Communications, and Lead Copyright & Information Policy Officer, Duke University…”

Community Update: Controlled Digital Lending

“From the hundreds of libraries using Controlled Digital Lending (CDL) to meet the needs of their communities to the many working groups and vendors investigating its potential, it’s clear that this innovative library practice is on the rise.

Want to learn more about what’s going on across the community? Join us for a public webinar to hear from active projects, followed by a Q&A. Whether you are new to Controlled Digital Lending or have already implemented it in your library, this session will give everyone an update on where the community is today & where it’s going.”

Independent Publisher Drives Innovation, Sells eBooks to Internet Archive – Internet Archive Blogs

“The goal of 11:11 Press is to have its books in every library in the world, according to its founder and publisher, Andrew Wilt.

“We are big supporters of libraries because they allow equal access to knowledge and preserve culture,” said Wilt, whose independent press based in Minneapolis sells its books at a discount to nonprofits. “From a publishing standpoint, our authors care about being read so we want to get our books to as many people as possible.”


The Internet Archive recently bought the entire catalog of books from 11:11 Press and made them available online for controlled digital lending to one person at a time.  …”

Inside a former S.F. church, a battle for the future of knowledge | Datebook

“But Kahle is in trouble. If a lawsuit filed by publishers Penguin Random House, Hachette Book Group, HarperCollins and Wiley succeeds, he will have to not only shut the archive down, but also fork over about $60 million.

The lawsuit aims to stop the longstanding and widespread library practice of Controlled Digital Lending, which would stop the hundreds of libraries using that system, including the Internet Archive, from providing their patrons with digital books. …”

Controlled Digital Lending of Library Books in Canada by Christina de Castell, Joshua Dickison, Trish Mau, Mark Swartz, Robert Tiessen, Amanda Wakaruk :: SSRN

Abstract:  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.


UC Davis Library and California Digital Library launch project to explore expanded lending of digitized books

“Digitized books have become increasingly popular in recent years, and for university libraries and scholars, the first 18 months of the pandemic threw their value into sharp relief. As campuses across the country closed, many libraries began offering expanded access to digital versions of the print books in their collections as an emergency measure, driving ebook use to new heights and unexpectedly launching a large-scale experiment in online scholarship.

Libraries have long provided digital access to older books in the public domain and those published more recently with open access. But programs established during the pandemic, such as the HathiTrust Digital Library’s Emergency Temporary Access Service, opened a new frontier by offering temporary access to digitized versions of in-copyright materials, as well.

Based on the University of California’s preliminary assessment, the experiment was a resounding success with faculty and student users. However, as with many experiments, it has also raised a host of questions about long-term implementation, especially as user demand for digital materials continues to increase. Under the leadership of the UC Davis Library and the California Digital Library (CDL) and with support from The Andrew W. Mellon Foundation, UC has begun an investigation of key questions around the future of ebook lending….”

Penguin Random House Demands Removal Of Maus From Digital Library Because The Book Is Popular Again

“We’ve said it over and over again, if libraries did not exist today, there is no way publishers would allow them to come into existence. We know this, in part, because of their attempts to stop libraries from lending ebooks, and to price ebooks at ridiculous markups to discourage libraries, and their outright claims that libraries are unfair competition. And we won’t even touch on their lawsuit over digital libraries.

Anyway, in other book news, you may have heard recently about how a Tennessee school board banned Art Spiegelman’s classic graphic novel about the Holocaust, Maus, from being taught in an eighth-grade English class. Some people called this a ban, while others said the book is still available, so it’s not a “ban.” To me, I think school boards are not the teachers, and the teachers should be able to come up with their own curriculum, as they know best what will educate their students. Also, Maus is a fantastic book, and the claim that it was banned because of “rough, objectionable language” and nudity is utter nonsense.

Either way, Maus is now back atop various best seller lists, as the controversy has driven sales. Spiegelman is giving fun interviews again where he says things like “well, who’s the snowflake now?” And we see op-eds about how the best way get kids not to read books… is to assign it in English class.

But, also, we have publishers getting into the banning business themselves… by trying to capitalize on the sudden new interest in Maus.

Penguin Random House doesn’t want this new interest in Maus to lead to… people taking it out of the library rather than buying a copy. They’re now abusing copyright law to demand the book be removed from the Internet Archive’s lending library, and they flat out admit that they’re doing so for their own bottom line….”

Librarian’s lament: Digital books are not fireproof | ZDNet

“We are the library of last resort, where anyone can get access to books that may be controversial wherever they happen to live — an existing version of Perlow’s proposed “Freedom Archive.” Today, the Internet Archive lends a large selection of other banned books, including Animal Farm, Winnie the Pooh, The Call of the Wild, and the Junie B. Jones and Goosebumps children’s book series. But all of these books are also in danger of being destroyed.

In the summer of 2020, four of the largest publishers in the U.S. — Penguin Random House among them — sued to force our library to destroy the more than 1.4 million digital books in our collection. In their pending lawsuit, the publishers are using copyright law as a battering ram to assert corporate control over the public good. In this instance, that means destroying freely available books and other materials that people rely on to become productive and discerning participants in the country’s civic, economic, and social life. 

Copyright law grants authors and publishers a limited monopoly over the books they produce. The law also enshrines a host of socially beneficial uses the public may make of those books without permission or payment. The famously flexible fair use doctrine has allowed libraries to continue serving the public in the face of rapid technological and social change. 

If ever there was a moment of compelling “socially beneficial” access to books, it came in March 2020 when the COVID-19 pandemic shut down in-person library use almost everywhere. In response to the unprecedented crisis, more than 100 libraries holding critical books they could not lend signed a statement supporting the Internet Archive’s establishment of a temporary National Emergency Library. The NEL allowed patrons controlled digital access to those collections that were locked away physically. It was a lifeline to trusted information for parents, teachers, and students around the world.

Yet, in an extreme overreaction to the facts, the publishers sued in June 2020 to shutter the NEL, along with our book lending practice as a whole. And in addition to demanding millions of dollars in monetary damages and fees, the lawsuit is calling on the Internet Archive to destroy all the digital books in our collections. It’s a digital book burning on a massive scale….”

Fahrenheit 2020: Torching the Internet’s Library of Alexandria at the Height of a Global Pandemic Notes 2021 University of Illinois Journal of Law, Technology & Policy 2021

“The Internet’s Library of Alexandria [namely, the Internet Archive] faces the threat of a weapon that would be altogether foreign to the knowledge stewards of antiquity: copyright law. A group of publishers, despite years of discontent and cries of illegality regarding IA’s program of virtually lending in-copyright books, decided that the height of a global pandemic was the perfect time to wield their legal weapon. To be sure, IA had been lending its books in this manner long before COVID19 became a household word.” It does so through a controversial, legally untested concept known as “controlled digital lending” (CDL), which rests on a novel legal theory that libraries should be allowed to scan and virtually lend over the internet their lawfully acquired physical books, to one patron at a time, without any special licenses.’  Though a small but persistent chorus of dissenters have bemoaned this practice over the decade-plus that libraries have increasingly experimented with it, it was not until the onslaught of the coronavirus pandemic did CDL finally reach the courts….”

What Kind of Writer Accuses Libraries of Stealing? – Popula

“I got in a rumpus with some writers on Twitter last week over the right of libraries to own and lend ebooks. Twitter fights are generally trivial as hell, but not this one. Four of the world’s biggest corporate publishers are suing the Internet Archive over this issue right now, and for anyone who wants the freedom to read, write and publish whatever you want, digital ownership rights matter.

So specifically, this Twitter beef was about Controlled Digital Lending (CDL), a legal framework authored by copyright scholars and lawyers that enables libraries to own and lend ebooks without violating copyright laws, by mimicking the terms of traditional library lending. CDL is rapidly gaining support in the library world….”

Boston Library Consortium | Davis Educational Foundation award accelerates Boston Library Consortium’s controlled digital lending implementation

“The Davis Educational Foundation has awarded the Boston Library Consortium a two-year $215,000 grant to accelerate the implementation of controlled digital lending as a mechanism for interlibrary loan. The grant supports plans described in BLC’s ‘Consortial CDL: Implementing Controlled Digital Lending as a Mechanism for Interlibrary Loan’ report published in September 2021. …”

Controlled Digital Lending of Video Resources: Ensuring the Provision of Streaming Access to Videos for Pedagogical Purposes in Academic Libraries | Journal of Copyright in Education & Librarianship

Abstract:  This article examines a current crisis within media librarianship regarding the challenges for academic libraries in providing streaming access to video resources despite the growing need for users to have streaming access. The article discusses this crisis largely within the context of COVID-19 (Coronavirus Disease of 2019) and how the pandemic has exacerbated the problem. This article also posits a possible solution to the issue through the application of controlled digital lending (CDL) to video resources for a pedagogical purpose. The article demonstrates the extent of the crisis, examines how other media librarians have addressed the problem, and shows the limitations to the solutions that have so far been offered. It then broadly discusses the concept of CDL and how this practice could be applied to video resources to address the frequent inability of libraries to provide streaming access to videos.


Boston Phoenix Rises Again With New Online Access – Internet Archive Blogs

“After the publication shut down, owner Stephen Mindich wanted the public to be able to access back issues of the Phoenix. The complete run of the newspaper from 1973 to 2013 was donated to Northeastern University’s special collections. The family signed copyright over the university. 

Librarians led a crowdsourcing project to create a digital index of all the articles and authors, which was helpful for historians and others in their research, said Giordana Mecagni, head of special collections and university archivist. Northeastern had inquired about digitizing the collection, but it was cost prohibitive. 

As it turns out, the Internet Archive owned the master microfilm for the Phoenix and it put the full collection online in a separate collection: The Boston Phoenix 1973-2013. Initially, the back issues were only available for one patron to check out at a time through Controlled Digital Lending. Once Northeastern learned about the digitized collection, it extended rights to the Archive to allow the Phoenix to be downloaded without controls….”

International Statement of Solidarity | Library Futures

“The future of knowledge is digital, open, accessible, and culturally responsive. As information workers, we seek to steward this future through shared goals: Balancing copyright and an information ecosystem that meets the needs of communities globally….

We believe:

Copyright must be updated for the digital age and exceptions and limitations must be made for libraries to best serve the public
Controlled Digital Lending and other innovative lending practices should be legally protected
Digital first sale, the principle of exhaustion in intellectual property law, and ownership of digital objects is the only way to ensure full access to information by libraries and cultural institutions
Libraries should be able to purchase and lend all eresources at reasonable prices
Licensing has created a pervasive market failure that must be investigated by regulators and governments to ensure that the public has access to relevant, timely, published information to support education, research and economic growth
Libraries have a responsibility to advocate for policies that will affect their communities
We must achieve ideal, universal access to knowledge for all patrons regardless of socioeconomic status, identity, or ability….”