Binit Agrawal, Jurist; Reforming Digital Lending Libraries and the End of the Internet Archive
"The lack of certainty relating to the
legality of CDL as fair use is hampering its growth by creating a
chilling effect. Libraries are under the fear of costly litigations. IA
itself is under the risk of bankruptcy, as the publishers are not
inclined to take back their suit, even after IA stopped ELP. This is the
very problem section 108 intended to resolve. Hence, it is pertinent
that the section is amended to meet the needs of the digital age and
provide certainty in this regard. Some countries have already moved in
this direction. While Canada has permitted a limited right to provide digitized copies to patrons of other libraries, the EU has been considering proposals to allow digitization of cultural heritage institutions, including libraries."
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