Besek, June M. --- "The Development of Digital Libraries in the United States" [2010] ELECD 509; in Bently, Lionel; Suthersanen, Uma; Torremans, Paul (eds), "Global Copyright" (Edward Elgar Publishing, 2010)

Book Title: Global Copyright

Editor(s): Bently, Lionel; Suthersanen, Uma; Torremans, Paul

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781848447660

Section: Chapter 14

Section Title: The Development of Digital Libraries in the United States

Author(s): Besek, June M.

Number of pages: 29

Extract:

14. The development of digital
libraries in the United States
June M. Besek*

1 WHAT IS A DIGITAL LIBRARY?

What is meant by the term `digital libraries'? In assessing progress toward
the creation of `digital libraries' and considering the appropriate scope of
copyright exceptions and limitations, it is worthwhile to consider whether
everyone has in mind the same goal. That term likely means different
things to different people.
First, what is a library?
In the United States there are special copyright exceptions for libraries
and archives, as is true in many countries. But US copyright law does not
define the terms `library' and `archives'. It was drafted when there was a
common understanding of what a library is. Now, the term `library' is
used more casually than in the past, often to denote a collection of any
kind.1
Under US law, only activities not undertaken for direct or indirect com-
mercial advantage are eligible for the library exceptions.2 Should that be
the only threshold criterion for eligibility? In the age of the internet, the
cost of making others' works available can be negligible, and some may


* Executive Director, Kernochan Center for Law, Media and the Arts,
Columbia Law School
1 Among the definitions for `library' are `a series or set of books issued by a

publisher', `a collection of recorded data or tapes arranged for ease of use', and `a
set of things similar to a library in appearance, function, or organization: a library
of computer programs'. The ...