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International Journal of
Law
ARCHIVES
VOL. 11, ISSUE 1 (2025)
Evaluating the bounds of fair use in educational contexts: With reference to case study of the Internet Archive’s E-Lending program
Authors
Ankita Bhattacharjee
Abstract

With the occurrence of pandemic and the emergence of the digital libraries it has immensely redefined the accessibility of information and knowledge through various educational resources, challenging the fair use doctrine at a debatable discussion where the conflict between rights of copyright holders and its incentives and that of the accessibility of works for the benefit of greater public arises.

The paper analyzes the recent case of Hachette Book Group v. Internet Archive where major publishing houses challenged the Archive’s practice of Controlled Digital Lending (CDL) program, through which the Archive provided to its users’ digital accessibility to the scanned copies of copyrighted works which it owned physically by an unauthorized manner, which enabled broader educational and research access focusing in particular research scholars, students and academicians who need not to rely upon library accessibility and can have access to books of art, science and literature all over the globe.

The paper highlights upon the various legal challenges and legal boundaries of the fair use doctrine within the ambit of digital e-lending on grounds such as the market impact on the traditional publishers, the transformative use of CDL and its impact upon reducing the vacuum for accessibility of educational resources and the legal implications which are necessary to balance the interest of copyright holders and the public educational needs and requirements.

Using the doctrinal research method in analyzing the U.S. Copyright law by focusing upon the fair use jurisprudence in particular, this paper studies each factor of fair use in 17 U.S. Code Section 107 as applied in Hachette Book Group v. Internet Archive regarding the purpose, nature, amount and market effective of the Archive’s digital e-lending practice. The research in this paper highlights upon the ongoing discussions on reforming the copyright law in par with the improvement and development of digital era, proposing various routes for institutions and legislators and for the courts to keep a balance of the rights of the copyright holders with equal accessibility to educational resources for the betterment of the society in an increased digital world.
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Pages:89-95
How to cite this article:
Ankita Bhattacharjee "Evaluating the bounds of fair use in educational contexts: With reference to case study of the Internet Archive’s E-Lending program". International Journal of Law, Vol 11, Issue 1, 2025, Pages 89-95
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