Let me be unequivocal: libraries do not need a license to loan books, whether physical or digital. Lending legally acquired books is not illegal. Libraries are entitled to share these works, with no obligation to enter into licensing agreements or contracts beforehand. Furthermore, libraries—and their patrons—are legally permitted to make various uses of these works, including interlibrary loan, reserves, preservation, and fair use, all without needing permission from rightsholders.
This is because various exceptions in the law, including Section 108 for Libraries and Archives, ad Section 109 known as the first sale doctrine. We know that Section 109 preserves the balance between rightsholders and libraries. When a library purchases a book, it has the right to loan that work freely, without requiring additional permissions or payments to the copyright holder. A digitized version of a legally acquired book simply replaces the physical copy, not an unpurchased one in the marketplace. Any “market harm” is already factored into the initial sale, for which both the authors and publishers have been compensated.
| Artificial Intelligence |
| Research Data Curation and Management Works |
| Digital Curation and Digital Preservation Works |
| Open Access Works |
| Digital Scholarship |
