Paper Details

Name: Bharpur Singh Nahar
Country: India

Year: 2020
Volume: Volume-7, Issue-2 (July-December)
Page Number: 23-38

ABSTRACT:
The rapid digitization of higher education has transformed the role of academic libraries in India, positioning digital lending as a critical mechanism for ensuring access to knowledge in increasingly blended and remote learning environments. While these developments advance
educational equity and research dissemination, they also intensify legal and policy challenges arising from the application of copyright law to digital practices. In the Indian context, where copyright legislation was largely framed for print-based dissemination, the expansion of digital library services raises unresolved questions regarding fair dealing, licensing, and institutional compliance. This review paper examines copyright, fair dealing, and digital
lending in Indian academic libraries through a policy-oriented analytical lens. The primary objective is to synthesize legal provisions, policy documents, and authoritative scholarly literature to clarify how existing copyright frameworks govern digital access in higher education and to identify gaps that affect library practice. Methodologically, the study employs a systematic qualitative review of Indian statutes, government policies, judicial interpretations, regulatory guidelines, and institutional frameworks, supported by thematic
analysis. The paper critically analyzes the Indian copyright and policy framework, the conceptual foundations and practical application of fair dealing, prevailing digital lending models, licensing constraints, and institutional risk management strategies. The review identifies persistent legal ambiguity, contractual override of statutory exceptions, and uneven governance as key challenges shaping digital lending practices. At the same time, it highlights the central role of academic libraries in advancing access, equity, and inclusive education. The study concludes that clearer institutional governance, enhanced copyright literacy, and targeted statutory and policy reforms are essential to align copyright compliance with India’s educational objectives. The findings offer guidance for policymakers, library
administrators, and educators, and underscore the need for future empirical and comparative research to support sustainable digital access in Indian higher education.

Keywords: copyright law, fair dealing, digital lending, academic libraries, higher education policy, India.