Fair Use And Digital Libraries: A Legal Framework For Access And Preservation: Comparative Analysis Across Jurisdictions
- IJLLR Journal
- Jul 28
- 1 min read
Arya B, Assistant Professor in Law, Bharata Mata School of Legal Studies, Ernakulam, Kerala, India
ABSTRACT
Digital libraries constitute essential mechanisms for the preservation of cultural heritage and the facilitation of equitable access to knowledge within the contemporary digital landscape. Notwithstanding these functions, copyright regimes impose substantial constraints upon digitization and dissemination activities. The present analysis undertakes a comparative examination of fair dealing and fair use provisions across multiple jurisdictions, with emphasis upon their applicability to digital libraries in respect of access and preservation. Statutory texts, judicial precedents, and doctrinal variances are scrutinized, revealing divergent approaches to balancing proprietary interests with public imperatives. Reforms may prove necessary in certain regimes to reconcile copyright enforcement with exigencies of digital archival practices.
