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Information Management

Management + Business Acumen

Hachette Book Grp. v. Internet Archive Means Controlled Digital Lending Is Off the Table for Libraries; Or Does It?

Sunday, July 21, 2024

11:30am – 12:30pm CDT

Room: Regency Ballroom D (West Tower Gold Level)

Coordinator(s)

Christina Lowry (she/her/hers)

Law Practice & Technology Librarian
University of Kentucky J. David Rosenberg College of Law
Lexington, Kentucky, United States

Slides (PDF) Handouts

Speaker(s)

Paul D. Callister

Library Director & Professor of Law
University of Missouri-Kansas City
Kansas City, Missouri, United States
Kim Nayyer

Edward Cornell Law Librarian, Associate Dean for Library Services, and Professor of the Practice
Cornell Law School
Dana Neacsu (she/her/hers)

Director
Thomas R. Kline School of Law of Duquesne University
Pittsburgh, Pennsylvania, United States

Moderator(s)

KW

Kimberly Wilson

Reference Librarian & Assistant Professor
Barry University School of Law Library

Wordly Closed Captioning: https://attend.wordly.ai/join/FVTJ-3294

Speakers will give a succinct review of Hatchette v. Internet Archive and controlled digital lending (CDL) in light of the section 107 fair use factors. The program will consider: 1) whether the holding only applies to books and electronic copy if it is available for purchase or license; 2) whether Authors Guild v. HathiTrust can be distinguished based on fair use grounds because HathiTrust had distinct, legitimate reasons to copy its holdings; 3) how lending practices under section 108 may provide an opportunity to continue digital lending; 4) responses and advice to members of library organizations like ALA, ACRL, and AALL; and 5) what a legislative solution might look like to permit CDL to facilitate libraries’ in the future, inspired by the state legislative work resulting from the Association of American Publishers, Inc. v. Frosh outcome in Maryland.

Target Audience:

Library policymakers at all types of law libraries.

Learning Objectives:

Participants will determine library policy for e-lending considering the outcome of Hatchette v. Internet Archive.
Participants will determine library policy for e-lending considering 17 § U.S.C. 108.
Participants will take up librarian e-lending rights by proposing federal legislation for the Copyright Act.