Democratic Copyright

Ebooks have emerged as one of the popular means of reading, but little is known about how ebook usage by the general public and the ability of public lending libraries to serve their patrons are being constrained by various sociocultural factors such as restrictive licensing agreements that publishers demand. This study identifies the various constraints through the lens of Lessig's four modalities to better understand how the ecosystem of ebooks that includes legal and economic conditions is affected by the modalities. In doing so, this study examines the shift towards the licensing of ebooks and the proprietary schemes of digital rights management with a particular focus on the diminishing capability of public lending libraries to advance the public interest in a democratic society. In the age of licensing, the mission of public libraries as 'equalizing institutions' should be upheld to the fullest.

Economic efficiency has been the dominant justification for copyright protection in the United States. Challenging that narrow perspective, this study argues that cultural democracy provides a broader, more encompassing framework for reforming copyright laws in support of users’ access to and use of creative works. The study demonstrates how the normative values promoted by cultural democracy are synonymous with the socially beneficial effects of the first sale doctrine. Additionally, the study contextualizes and further elaborates the notion of cultural democracy by providing more concrete examples of how cultural democracy plays out in practice. In doing so, this study focuses on individuals’ use of ebooks and the role of public libraries in the digital age.