Controlled digital lending
Controlled digital lending (CDL) is a model by which libraries digitize materials in their collection and make them available for lending. It is based on interpretations of the United States copyright principles of fair use and copyright exhaustion. Proponents argue that CDL is legal under those principles because it relies on digital rights management (DRM) to ensure that any library-owned digitized work that is in copyright is loaned for a limited period of time, and that a one-to-one ratio of owned copies to borrowers is maintained. However, opponents have criticized this interpretation, arguing that CDL involves copying, not mere lending, and that a library's purchase of a physical book does not entitle it to produce and lend an e-book or distribute digital copies.
A precursor to CDL was the "Digitize and Lend" program begun in 2011 by the Open Library, a program of the Internet Archive. Also in 2011, the basic principles of CDL were articulated by Michelle Wu in her paper Building a Collaborative Digital Collection: A Necessary Evolution in Libraries. The use of the term "Controlled Digital Lending" to refer to this concept first appeared in the Position Statement on Controlled Digital Lending, published in 2018 alongside a white paper explaining their legal arguments.
CDL is increasingly being considered by a number of libraries and is being followed by library organizations across the United States as well as in other countries. The Internet Archive has gathered together 12 stories from their blog about libraries that are engaged in aspects of CDL. Lisa Petrides argues that in terms of school libraries, CDL is a positive step forward, but does not go far enough.
How CDL works
One of the core activities of a library is to loan materials, and proponents argue that CDL is a modern digital extension of this function. With CDL, a library takes a physical copy of a legally acquired item and digitizes it. After digitization, DRM is applied to the digital version, and the physical item is then made unavailable for loan. The library catalog record is usually the mechanism to give access to the digital loan, so the record is changed to point to the repository where the digital copy resides. In this way, there is only one copy being loaned for each copy owned by the library. After the loan expires, the DRM software removes the previous borrower's access and the book is available for loan to another patron. Opponents of CDL argue that CDL is not like lending, which does not require copying, and dispute the claim that only one copy at a time is available for reading. Opponents say that CDL involves first making an unauthorized digital copy of a printed edition of a work, and then making an additional unauthorized digital copy for each "borrower". Opponents also argue that unencrypted digital copies are distributed for viewing in a Web browser, and that these copies can be retained, viewed, or printed from the browser cache even after the e-book is marked as "returned" and is available for "lending" to other readers.
Controversy over CDL
Authors' and publishers' groups have questioned the copyright interpretations that underlie CDL. In early 2019, the National Writers Union and a coalition of forty national and international organizations and federations of writers, photographers, viaual artists, translators, publishers, and reproduction rights organizations released a statement entitled "Appeal from the victims of Controlled Digital Lending (CDL)"  that claimed that CDL "violates the economic and moral rights of authors." In a news article in Publishers Weekly  The American Association of Publishers is quoted as stating that CDL "'denigrates' the incentive copyright provides for authors and publishers." The Authors Guild relies on the case of Capitol Records, LLC v. ReDigi Inc., which established that ReDigi could not resell digital music, to argue that libraries would similarly be prohibited from loaning digitized version of books that were legally purchased, and argues that CDL results in lost sales.
- Wu, Michelle M. (2011). "Building a Collaborative Digital Collection: A Necessary Evolution in Libraries". Law Library Journal. 103 (4): 527–551. 2011-34. Archived from the original (PDF) on 2016-07-19. Retrieved 2019-08-02.
- Bailey, Lila; Courtney, Kyle K.; Hansen, David; Minow, Mary; Schultz, Jason; Wu, Michelle (September 2018). "Position Statement on Controlled Digital Lending - Statement on Controlled Digital Lending by Libraries". Controlled Digital Lending by Libraries. Retrieved 2019-08-02.
- Hansen, David R.; Courtney, Kyle K. (2018). "A White Paper on Controlled Digital Lending of Library Books". Controlled Digital Lending by Libraries. Retrieved 2019-08-02.
- Enis, Matt. "Controlled Digital Lending Concept Gains Ground". Library Journal. Retrieved 2019-12-04.
- Price, Gary. "Controlled Digital Lending in Canada: "Protecting Unique Canadiana Works" at the Hamilton Public Library". Infodocket. Library Journal. Retrieved 2019-12-05.
- Mounce, Ross. "A new digitisation opportunity for UK university presses". Research Libraries UK. Retrieved 2019-12-05.
- Adams, Caralee; Bailey, Lila; Freeland, Chris. "Transforming Our Libraries: 12 Stories About Controlled Digital Lending" (PDF). controlleddigitallending.org. Retrieved 2019-12-05.
- Petrides, Lisa. "Why Controlled Digital Lending Matters to Schools". ISKME. Retrieved 2019-12-05.
- "Controlled Digital Lending: an Interview with Jonathan Band". International Federation of Library Associations. Retrieved 2019-12-04.
- National Writers Union; et al. "FAQ on Controlled Digital Lending (CDL)". National Writers Union.
- McKay, John, ed. (2019-02-04). "Statement on Flawed Theory of "Controlled Digital Lending"". Association of American Publishers (AAP). Retrieved 2019-08-02.
- "Appeal from the victims of Controlled Digital Lending (CDL)". National Writers Union. Retrieved 2019-12-04.
- "Publisher, Author Groups Protest Library Book Scanning Program". Publishers Weekly. Retrieved 2019-12-04.
- Hruska, Joel. "The Authors Guild Declares War on Digital Library Lending, Libraries". ExtremeTech. Retrieved 2019-12-05.
- McCleskey, Sarah E.; Selby, Courtney (2018-09-27). "Tried and True: Fair Use Tales for the Telling". Journal of Copyright in Education & Librarianship (JCEL). Kraemer Family Library and the University of Kansas. 3 (1). doi:10.2139/ssrn.3256427. ISSN 2473-8336. SSRN 3256427. Hofstra University Legal Studies Research Paper No. 2018-13. (34 pages)
- Peterson-Lugo, Billie. "Tech Talk" (PDF). Library Instruction Round Table News. American Library Association. pp. 9, 22–28. Retrieved 2019-12-05.
- Sheppard, Adrian; Bailey, Lila; Katz, Ariel; Mills, Andrea; Slaght, Graeme (2018-05-31). Controlled Digital Lending (CDL): A Panel to Discuss Legal and Practical Considerations Involved in the Implementation of CDL by Public and Post-Secondary Libraries in Canada. ABC Copyright Conference 2018. Harbour Centre, Vancouver: Simon Fraser University (SFU). Retrieved 2019-08-02.
- "View of Collaborative Academic Library Digital Collections Post-Cambridge University Press, HathiTrust and Google Decisions on Fair Use". Journal of Copyright in Education and Librarianship. Kraemer Family Library and the University of Kansas. 1 (1): 1–19. 2016. doi:10.17161/jcel.v1i1.5921. ISSN 2473-8336. Retrieved 2019-08-02.
- Wu, Michelle M. (May 2019) [2019-04-09, 2019-02-14, 2019-02-04]. "Revisiting Controlled Digital Lending Post-ReDigi". First Monday. Georgetown University Law Center. 24 (5). doi:10.2139/ssrn.3328897. SSRN 3328897. Georgetown Law Faculty Publications and Other Works 2134.  (12 pages)
- Wu, Michelle M. (2019-04-02). "Shared Collection Development, Digitization, and Owned Digital Collections". Collection Management. Informa UK Limited. 44 (2–4): 131–145. doi:10.1080/01462679.2019.1566107. ISSN 0146-2679.
Controlled Digital Lending by Libraries