Twenty years ago, the actions of Napster

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The panel dispelled myths about CDL, the digital lending model in which a library lends a digital version of a print book it owns. Emphasizing the limited and controlled aspect of the practice, the speakers said CDL allows libraries to fulfill their mission of serving the public in the digital age. The global pandemic only underscores the importance of providing flexibility in how people can access information.

Isn’t CDL digital piracy? No, CDL is not like Napster, said Kyle K. Courtney, copyright advisor at Harvard University, referring to the music file-sharing service. were ruled illegal because it made unlimited reproductions of MP3 music to anyone, anywhere.

“CDL uses technology to replicate a library’s right to special database loan works in a digital format—one user at a time,” Courntey said. Libraries are using rights they already have, leveraging the same technology as publishers to make sure that the books are controlled when they’re loaned—not duplicated, copied or redistributed.

“Libraries are not pirates. There is a vast difference between the Napster mission and the library mission,” Courtney said. “We can loan books to patrons. Only now we’re harnessing that right in the digital space.”

In laying out the rationale behind CDL, Courtney described the “superpower” granted to libraries by Congress through copyright law to serve the public. The “fair use” section of the law allows libraries to responsibly lend materials, and experts say logically includes both print and digital works.