Controlled Digital Lending - CDL - India?
Dear Professional Colleagues, I hope many of you are aware of Controlled Digital Lending (CDL) - https://controlleddigitallending.org. CDL allows libraries to lend digital copy of a book to its patrons for a particular period, as long as they have the same book in physical format. Recently Archive.org had a national emergency library under this initiative 3-4 libraries made their digital resources available to everyone to borrow for a particular period of time. Now a few publishers have filed a lawsuit against the Internet Archive https://www.infodocket.com/2020/06/10/temporary-national-emergency-library-t.... As a result, the internet archive has moved the emergency library to https://openlibrary.org/, you can still borrow books for one hour. Earlier it was allowed to hold for 14 days upto 10 books. This has paved the way for many library patrons to access resources. My question is whether our country IPR has any provision for such services that can be offered by libraries in India. Especially during this covid situation where patrons can't have access to physical resources, whether same physical resources can be made available under controlled digital lending (CDL) scheme? Is CDL far from reach in our country. Hoping to hear some insights from experts in law and from Senior LIS professionals Thanking you Sincerely ______________________________________ *Dr. Yesan Sellan, * *MLISc., PGDLAN, BCS., UGC-NET., PhD* *Chief Librarian* South Asia Institute of Advanced Christian Studies (SAIACS) 363 Dodda Gubbi Cross Road, Kothanur P.O., Bangalore 77, India Phone: 91 80 2846 5235/5344/ 5649, Fax: 91 80 28465412, Mobile: 91-9972348251 www.saiacs.org Alternative Email: yesans@gmail.com https://orcid.org/0000-0002-0501-5661 <yesans@gmail.com> ______________________________________ IMPORTANT : This message is intended only for the addressee. It may contain confidential information. Any unauthorized disclosure is strictly prohibited. If you have received this message in error, please notify us immediately so that we may correct our internal records. Please then delete the original message. Thank you. P Please consider the environment before printing this email*.* -- This message has been scanned for viruses and dangerous content by MailScanner, and is believed to be clean.
Right question for the current situation by Dr. Yesan Sellan,. I read about Internet Archive's CDL initiative which is the best option today. However unfortunate the publisher's decision is to proceed legally against Internet Archive, they can't be faulted on their right to protect their content against infringement. Indian copyright too doesn't have any direct provision for CDL. However, it can be tried as a test case under fair use provision in the law. Indian copyright law calls it fair deal limiting this service to the Current period of covid situation only invoking general provision Force-Majeure. The Library Association of the Country should seek the legal opinion on this matter quickly and let this forum know about it. N. V. Sathyanarayana Informatics India Ltd. ________________________________ From: LIS-Forum <lis-forum-bounces@ncsi.iisc.ernet.in> on behalf of Chief Librarian, SAIACS <library@saiacs.org> Sent: Monday, June 29, 2020 12:52 PM To: lis-forum <lis-forum@ncsi.iisc.ernet.in> Subject: [LIS-Forum] Controlled Digital Lending - CDL - India? Dear Professional Colleagues, I hope many of you are aware of Controlled Digital Lending (CDL) - https://controlleddigitallending.org. CDL allows libraries to lend digital copy of a book to its patrons for a particular period, as long as they have the same book in physical format. Recently Archive.org had a national emergency library under this initiative 3-4 libraries made their digital resources available to everyone to borrow for a particular period of time. Now a few publishers have filed a lawsuit against the Internet Archive https://www.infodocket.com/2020/06/10/temporary-national-emergency-library-t.... As a result, the internet archive has moved the emergency library to https://openlibrary.org/, you can still borrow books for one hour. Earlier it was allowed to hold for 14 days upto 10 books. This has paved the way for many library patrons to access resources. My question is whether our country IPR has any provision for such services that can be offered by libraries in India. Especially during this covid situation where patrons can't have access to physical resources, whether same physical resources can be made available under controlled digital lending (CDL) scheme? Is CDL far from reach in our country. Hoping to hear some insights from experts in law and from Senior LIS professionals Thanking you Sincerely ______________________________________ *Dr. Yesan Sellan, * *MLISc., PGDLAN, BCS., UGC-NET., PhD* *Chief Librarian* South Asia Institute of Advanced Christian Studies (SAIACS) 363 Dodda Gubbi Cross Road, Kothanur P.O., Bangalore 77, India Phone: 91 80 2846 5235/5344/ 5649, Fax: 91 80 28465412, Mobile: 91-9972348251 www.saiacs.org<http://www.saiacs.org> Alternative Email: yesans@gmail.com https://orcid.org/0000-0002-0501-5661 <yesans@gmail.com> ______________________________________ IMPORTANT : This message is intended only for the addressee. It may contain confidential information. Any unauthorized disclosure is strictly prohibited. If you have received this message in error, please notify us immediately so that we may correct our internal records. Please then delete the original message. Thank you. P Please consider the environment before printing this email*.* -- This message has been scanned for viruses and dangerous content by MailScanner, and is believed to be clean. _______________________________________________ LIS-Forum mailing list LIS-Forum@ncsi.iisc.ernet.in http://ncsi.iisc.ernet.in/mailman/listinfo/lis-forum
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Chief Librarian, SAIACS -
Sathyanarayana NV