CONTROLLED DIGITAL LENDING: LEGAL CONDITIONS, SOCIAL CONTEXTS, PRACTICES AND CHALLENGES FOR LIBRARIES

Thesis/Purpose of the article – The article examines the concept of Controlled Digital Lending (CDL) which applies the principles of traditional physical book lending to the online lending of digitized works. It also discusses the practices of Polish libraries engaging with this model. Method – The study is based on a critical review of international literature on CDL and an examination of digital lending practices in Poland. Digital lending is discussed in the broader context of mass digitization and the challenges of providing access to the heritage of twentieth-century publishing. Conclusions – The article outlines the legal frameworks relevant to digital lending in the United States where the concept of CDL originated as well as in the European Union. Regarding the latter, particular attention is given to the 2016 CJEU ruling in the VOB case and its interpretation. The study demonstrates that in both the US and the EU – including Poland – the absence of clear legal regulations concerning digital lending poses a barrier for libraries striving to ensure digital access to the publishing output of the twentieth and twenty-first centuries.