The purpose of this paper is to examine the laws and legal concepts that form the basis for library book lending and how those concepts do or do not apply in the e‐book environment.
The author surveys relevant legal concepts as defined by international copyright treaties and regulations, and conducts a comparative analysis of how these concepts have been applied in the legal systems of Germany, the USA, and Canada.
The idea of “lending” books is a carryover from the analogue world and applies only to the distribution of tangible objects, i.e. printed books. The legal concept of “reproduction” more accurately applies to the transfer of e‐books from library to user.
Libraries must lobby their legislatures to create new legal instruments that will enable libraries to provide e‐book access to their users.
