A Case for Libraries' Survival in the Internet Age: Mass Digitization of Literary Works and the Legality of Controlled Digital Lending

Abstract

In the United States, copyright law rests upon a delicate balancing act. Our system aims to maximize both incentives for right holders to create and public access to creative works under a constitutional mandate to “[p]romote the Progress of Science and useful Arts.” Forces of technology and globalization have compounded the complexities of striking that balance, making it far easier for a physical literary work to be scanned, digitized, and shared around the world—often without the author’s express permission. In turn, the digitization of creative works offers widespread benefits for the maximization of public accessibility: A work can reach the hands of countless students and scholars who would not otherwise have the funds, resources, or accommodations to read it.