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31 Cornell J. L. & Pub. Pol'y 65 (2021-2022)
A Public Service Role for Digital Libraries: A Case of Emergency Electronic Access to Library Material and the Unequal Battle against Misinformation through Copyright Law Reform

handle is hein.journals/cjlpp31 and id is 69 raw text is: A PUBLIC SERVICE ROLE FOR DIGITAL LIBRARIES: A CASE OF EMERGENCY ELECTRONIC ACCESS TO LIBRARY MATERIAL AND THE UNEQUAL BATTLE AGAINST MISINFORMATION THROUGH COPYRIGHT LAW REFORM Argyri Panezi* This Article analyzes the role of copyright doctrine and case law in preserving the institutional function of libraries-both on- and offline- as trusted and, in principle, neutral hubs equalizing access to credible information and knowledge in societies with structural inequalities. In doing so it examines the ongoing Hachette v. Internet Archive litigation before the U.S. District Court of the Southern District of New York in the context of earlier copyright cases, finding that there is a persistent need for electronic access to library material online. Libraries have traditionally served an important role as reserved spaces for legally permissible distribution of books outside of markets. Copyright law, however, has the potential to hinder the fuction of librar- ies and other cultural heritage institutions particularly in equalizing ac- cess to knowledge. While there exist some exceptions and limitations that partially alleviate this, their applicability in the digital environment is still contested. Two novel challenges are interfering: first, an unmet and contentious need for emergency access to electronic library material to be granted online, and second, the need to counteract historical biases and misinformation, both of which multiply when spread within a hyper- connected and digitized society. In order to ensure electronic access to credible information and knowledge, policymakers must address these challenges strategically and reassess the needs of subjects and institu- tions that are currently subject to copyright exceptions. * Assistant Professor, IE Law School, IE University & Research Fellow, Digital Civil Society Lab at Stanford PACS. I owe thanks to Lucy Bernholz, Toussaint Nothias, Melissa Levine, and Maria Panezi for their insightful comments and the many discussions, and to all my colleagues at the Digital Civil Society Lab and at the Stanford Center on Philanthropy and Civil Society (PACS) who commented on an earlier version of the Article at the Stanford PACS Seminar. I also owe thanks to Pamela Samuelson, Giovanni Sartor, Giorgio Monti, Lionel Bently, Jason Schultz, and James Grimmelmann for earlier constructive comments in various stages during my doctoral dissertation which informs Chapters III and IV of this Article. 65

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