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.
Please enter the email address corresponding to this article submission to download your certificate.

