[CR] | Global talk | A case of emergency electronic access to library material
Monday, October 25th | 11:45 (UTC-5)
Argyri Panezi
Digital Civil Society Lab
Stanford University & IE Law School
Estados Unidos
My research examines the ongoing Hachette v. Internet Archive litigation before the US District Court of the Southern District of New York. The plaintiffs in Hachette v. Internet Archive, four publishers, brought copyright claims against the Internet Archive for the latter’s operation of a “National Emergency Library” within the context of the COVID-19 pandemic.
The pending case introduces a new dimension to existing debates around electronic access to library material, particularly around e-lending, raising at least two important questions:
Did the emergency created by the COVID-19 shutdowns introduce new market failures as regards access to critical educational and research material, or as regards access to library works in general—or do these emergencies merely highlight possible already-existing failures? Furthermore, can emergencies justify additional exceptions to copyright laws covering electronic access to library material, and if so, under what circumstances? Given the ongoing nature of the pandemic, the sudden needs for remote access to research material and proliferating discussions about more such crises, including the climate change crisis, this is a very timely discussion.