Controlled Lending by Public Libraries Under Indian Law

Lawrence Liang and Carl Malamud 

Last Revised: May 7, 2023

Libraries have, since antiquity, engaged in the practice of controlled lending. Libraries decide whom to serve, whether books circulate or not (and under what terms), how they interact with other public libraries, and other aspects of their operations. This Paper provides a comprehensive update based on a survey of the copyright law, laws governing operation of libraries, as well as the constitutional underpinnings in Indian law, and in international law and practice. The paper has a focus on public and publicly supported libraries, particularly libraries in public academic institutions such as law schools.