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.

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 libraries and other cultural heritage institutions particularly in equalizing access 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 hyperconnected 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 institutions that are currently subject to copyright exceptions. [ABSTRACT FROM AUTHOR]

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