VIVA: Controlled Digital Lending
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- VIVA, Virginia's Academic Library Consortium
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- Controlled Digital Lending
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VIVA: Controlled Digital Lending
The following resources made available by other library consortia reflect the September 2024 Hachette v. Internet Archive ruling:
ReShare CDL Report, Boston Library Consortium, October 2024.
Best Practices for Controlled Digital Lending, Boston Library Consortium.
Digital Lending Toolkit, Boston Library Consortium, July 2025.
What’s up with Controlled Digital Lending (CDL) after the Hachette decision?, ASERL webinar, November 22, 2024.
VIVA's CDL resources and best practices documents from 2021 have been archived in light of the Hachette v. Internet Archive ruling. If you would like to review any of the legacy documents listed below, please contact VIVA Central.
Other CDL resources
Controlled Digital Lending (CDL) is a method for libraries to loan digitized items from the print collection to patrons in a “lend like print” fashion. It is the digital equivalent of traditional library lending. Libraries digitize a physical item from their collection, then lend out a secured digital version to one user at a time while the original, printed copy is simultaneously marked as unavailable. The number of digital copies of an item allowed to be loaned at any given time is strictly controlled to match the number of physical print copies taken off the shelves, to ensure an exact
This page includes information for VIVA Libraries interested in digitally lending print materials in this described controlled manner. This page will be reviewed and updated as the landscape evolves.
The information on this page focuses on Controlled Digital Lending (CDL). It is not intended to address library copying and sharing rights provided through other legal means.
In Hachette v. Internet Archive, four commercial publishers sued the Internet Archive over its e-book lending practices. In March 2023, a district court ruled against the Internet Archive. In September 2024, the Second Circuit Court of Appeals upheld this ruling, finding that Internet Archive’s use of CDL was not considered fair use when a commercially licensable e-book is available.
Many libraries have amended their CDL best practices when commercial e-book options are available following this decision. For example, in October 2024, Boston Library Consortium (BLC) released their ReShare CDL Report. The report includes limitations approved by their Board of Directors to support the continued development and use of CDL among their libraries. Required checks for CDL eligibility include making sure an item is owned in print and not available as a commercial e-book. Additional checks include conducting fair use assessments for each user request and excluding textbooks and resources available via proprietary technology (such as Kindle). They also recommended institutions check with their legal counsels to determine their definition of "available commercial e-book".
What is CDL?
Controlled digital lending (CDL) is the library practice of circulating temporary digital versions of owned print resources, on an owned-to-loaned ratio, by removing the owned print copy from circulation while the digital copy is in use.
Which materials are eligible for CDL?
The information on this page covers CDL of library-owned print monographs with no e-book option available in the commercial marketplace, in light of the Hachette ruling.
What does CDL do?
CDL is a modern method of lending that uses technology to replicate a library's right to loan legally acquired materials in digital format under controlled and specific conditions. It extends access to physical library resources to users who have limitations on accessing a library’s print collections for instruction, study, and research.
Why do we need CDL?
CDL breaks down barriers to accessing libraries’ physical collections to meet the needs of users, whether they physically live in distant places, have an access barrier, or have any number of other challenges preventing them from being able to go to the library.
Is CDL needed when providing electronic copies of print materials for users with disabilities?
CDL is not needed to provide electronic copies for users with disabilities. Copyright law provides higher education institutions with clear authority to create accessible copies of in-copyright works to users with disabilities, without CDL’s owned-to-loaned limitations.
Is CDL needed when providing electronic copies of print materials for course reserves?
As a mechanism, CDL has been used to provide electronic copies for course reserves. Course reserves must be provided in a manner that respects Fair Use Rights and copyright law, and an analysis should be conducted for each item.
Does CDL allow for scanning the whole book (100%), or just a portion?
CDL is a mechanism for loaning an entire book. Libraries may loan the entirety or portion of a work based on a case-by-case interpretation of interlibrary loan guidelines as defined in Section 108 of the US Copyright Act.
How long can users borrow CDL items?
The length of the CDL loan period depends on the library or institution. Loan periods may range from a hour or two to several weeks at a time, depending on institutional policy and the nature of the use, and may vary by item or item type.
How can users borrow CDL materials?
Libraries have implemented a variety of technology solutions for CDL. For example, BLC libraries who participate in CDL use Project ReShare to provide this access. Other institutions make items available through a Virtual Reserves Desk, in which a library staff member emails a link to the user. After the loan expires, the link will no longer work and the user will no longer be able to open the item on their browser.
Please note that when a book is available via CDL, it means that the print book is not available for borrowing. Some libraries may completely remove the print book from circulation. For other libraries, when the digital copy is loaned, the print copy will not be available, and vice versa.
Can users print or download a CDL item?
No. Libraries should apply controls that prevent the copying and redistribution of the material. In addition, users will have to borrow the CDL item one person at a time, per copy, just as they would with traditional print materials.
Can a print book be scanned for CDL from the library? How does it work?
Yes, an owned print book can be scanned to utilize CDL as a loaning mechanism, in the same way that interlibrary loan can create digital copies for electronic loans of library owned print material.
Can other types of materials be made available under CDL, such as video and audio files?
For the purposes of this FAQ, VIVA is specifically referencing libraries’ print monograph holdings.
There are several CDL options available, such as Project ReShare, used and co-developed with the Boston Library Consortium. For more information, see BLC's ReShare Report (October 2024). Previously, VIVA undertook a study to explore and document CDL software solutions and options available. That 2021 study is available upon request. At this time, VIVA is not closely monitoring this technology.
Once a library has decided to loan materials via CDL, there are a number of logistical issues to consider. For an example of a workflow that reflects the Hachette v. Internet Archive ruling, see BLC's ReShare Report (October 2024) and CDL Best Practices document.