Controlled Digital Lending and copyright in Brazil: some initial considerations

Abstract

During the COVID-19 pandemic, ancient problems related to the harmonisation between copyrights and cultural rights have intensified in Brazil, giving rise to doubts and debates between professors and information professionals. Due to the need of social distancing, cultural, educational and scientific activities started to be carried out remotely, in dependence of digital technologies. From a technological standpoint, the institutions were relatively prepared for this challenge, but the lack of direct policies concerning information and culture access gave rise to some paralyzing effects. In view of this scenario, we effected an analysis of the responses given by foreing libraries to problem, comparing distinct copyright laws. One of the concepts that stood out more was Controlled Digital Lending, proposed a few years ago by American libraries, which facilitated remote access in the context of social distancing. The aim of this work is to analyse this concept in order to understand if it could be applied in other countries, such as France and Brazil. Although Brazil does not have copyright limitations for libraries, this sector historically exerts its activities based in systematic interpretations of culture rights, that extrinsically limitate copyrights. Given this fact, we endeavour to analyse if this innovative modality of loan would be authorized in Brazil based on this same systematic interpretation, which involves the social function of copyrights and culture rights in Brazil. We conclude that the concept is as applicable in Brazil as digitization for preservation purposes and the traditional loan, with the institutions being responsible for its implementation