Fair Use And Digital Lending: A Doctrinal Analysis Of Market Harm And Transformative Use In Hachette V. Internet Archive
- IJLLR Journal
- Mar 10
- 1 min read
Somya Krishna, Christ University, Bangalore
ABSTRACT
Fair use has long served the purpose of reconciling copyright owners' monopolistic rights with the public interest in accessing knowledge. Although copyright law provides authors with exclusive rights to their works, the concept of fair use ensures that certain limited uses—education, research, and criticism—are permitted without the permission of the copyright owner. This research examines the fair use legal framework and how it can be used to promote creativity and public access to knowledge. The research also examines the four-factor test established by US courts and considers how purpose, character, substantiality, and effect on the market shape whether a use is fair. The topic also involves digital libraries and e- lending, where technological advancement has undermined traditional copyright conventions. A key case study is Hachette Book Group v. Internet Archive, where publishers sued the Internet Archive for unauthorised digital lending. The paper criticises the court's dismissal of the fair use defence, pointing out that digital lending raises serious legal and ethical questions regarding copyright enforcement in the digital age. Lastly, the research highlights the necessity of a more advanced approach to fair use in digital libraries that strikes a balance between public access and copyright protection.
Keywords: Fair Use, Copyright Law, Digital Libraries, E-Lending, Intellectual Property
