Analysis of the Legal Feasibility of Implementing Controlled Digital Lending in Ibero-American Countries

Public lending is a fundamental activity for libraries; however, the digital environment presents a series of technical, strategic, and legal challenges that are difficult to resolve for books in digital format. Furthermore, users’ information access habits are changing, preferring online access, so print book collections tend to be underused. One proposed solution, conceived in the United States, is “controlled digital lending” (CDL), although it also poses some highly questionable legal issues. The characteristics of CDL and its legal basis in the United States and the European Union are examined as a starting point for subsequently exploring the extent of its legal backing in the copyright legislation of all Ibero-American countries. In most of these countries, CDL faces significant legal challenges and, at best, only covers works that are not available for purchase under reasonable terms and conditions. The only exceptions are Cuba and Ecuador, whose laws have recently been updated with an approach that considers open and democratic access to knowledge to be in the public interest, and therefore provide broad support for the provision of library services regardless of the format of the information resources.