NDLI: The Battle Over Public E-Libraries – Taking Stock and Moving Ahead

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“Security Measures Against ISPs” : Copyright Act (Law No. 2121/1993), Art. 64A, (Implementing Art. 8, Sec. 3 of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the Harmonisation of Certain Aspects of Copyright and Related Rights in the Information Society) – GRAMMO et al . II [Greek Collective Management Societies] v. [Greek Internet Service Providers]

“Kirtsaeng v. John Wiley” : Copyright Act, 17 U.S.C. § 106(3), § 602 – Kirtsaeng v. John Wiley

“OSCAR” : Trade Mark Act, Sec. 14(2); Code of Civil Procedure, Sec. 253(2); European Jurisdiction and Enforcement Regulation, Art. 5 No. 3; Satellite and Cable Directive 93/83/EEC Art. 1(2)

“Converse I” : Community Trade Mark Regulation, Art. 9(1)(2); Trade Mark Act, Sec. 14(2), Nos. 1 and 2, Sec. 24(1)

IIC - International Review of Intellectual Property and Competition Law : Volume 44, Issue 3, May 2013

IIC - International Review of Intellectual Property and Competition Law : Volume 44, Issue 2, March 2013

IIC - International Review of Intellectual Property and Competition Law : Volume 44, Issue 1, February 2013

The Battle Over Public E-Libraries – Taking Stock and Moving Ahead

Content Provider	Springer Nature Link
Author	Fischman Afori, Orit
Copyright Year	2013
Abstract	In this digital era, public and academic libraries serve as key players in the promotion of access to knowledge. The legal discourse concerning realization of the promise of public e-libraries has thus far focused on two major battle-fronts: mass digitization of libraries’ collections and free access to the products of academic research funded by the public. Nonetheless, the radar of public and legal discourse has failed to identify a far more troublesome phenomenon, one which presents a threat to the very ability of the public e-libraries to fulfill their function. The digital era has created a profound shift in libraries’ practice, finding expression in the transition from purchasing shelf-books to purchasing licenses to electronic resources. These licenses control the libraries’ ability to pursue their declared goals, and highlight the core problem of private ordering in the information market. One of the most acute manifestations of this problem is the common practice, which has taken on worldwide dimensions, whereby these licenses restrict various uses otherwise permitted by copyright law. The exceptions and limitations acknowledged by copyright legislation are tailored in a manner that gives increased weight to the public interest. The clash between the phenomenon of restrictive contracts and the policy underlying intellectual property is therefore clear. The position advanced in this article is that there are sound justifications for a focused rule that would invalidate restrictive contracts, at least in the context of public e-libraries. These justifications are based on the function served by public e-libraries as a gateway to knowledge and in the promotion of social justice and freedom of speech. Moreover, the proposed rule should be adopted on an international level; otherwise it can easily be circumvented. The global political economy in the copyright arena has experienced major upheavals in recent years, resulting in a steadily growing demand for the expansion of users’ rights. These developments create the potential for the adoption of an international instrument designed to regulate the sphere of public libraries.
Starting Page	392
Ending Page	417
Page Count	26
File Format	PDF
ISSN	00189855
Journal	IIC - International Review of Intellectual Property and Competition Law
Volume Number	44
Issue Number	4
e-ISSN	21950237
Language	English
Publisher	Springer-Verlag
Publisher Date	2013-05-09
Publisher Place	Berlin, Heidelberg
Access Restriction	One Nation One Subscription (ONOS)
Subject Keyword	Digital accessibility to knowledge International IT and Media Law, Intellectual Property Law Exceptions for public libraries Restrictive contracts Libraries Convention Copyright law E-libraries
Content Type	Text
Resource Type	Article
Subject	Political Science and International Relations Law

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

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