1 April 2026

Libraries

How Access Provisions Grow Readers and Book Sales

Digitization projects, public libraries, and broader access to literary materials help create copyright markets. Together, these access infrastructures build the literate public and long‑run demand that copyright ultimately depends on. In 2016, the Delhi High Court was asked whether photocopied course packs for university students unlawfully undercut the market for academic books. The Court’s decision ruled in favor of the course packs, in part by finding that “by producing more citizens with greater literacy skills and earning potential, in the long run, improved education expands the market for copyrighted materials.”[1] This note surveys the evidence that supports the court’s finding.[2] First, studies show that digitization projects, such as Google Books, which make works easily searchable and partially readable online, can increase, rather than depress, print sales. Second, scholarship shows that access through public libraries and free lending only modestly displaces the bestseller margin with little measurable impact for the long tail of titles. Third, by examining scholarly culture in households along with policy syntheses on school libraries, studies explain how early and repeated access to books during formative years builds durable reading habits, longer educational trajectories, and the kinds of literate text‑using adults on whom creative and academic markets ultimately depend. Taken together, these strands do not prove the Delhi High Court’s dictum in a single econometric stroke, but they offer a coherent anecdotal scaffolding for its core intuition that investments in access and education can expand, rather than extinguish, the market for copyrighted works. Google Books Digitization and Print Book Sales The Google Books case offers a natural experiment on whether free digital access necessarily cannibalizes print sales. When the project was launched, publishers argued that searchable, partially readable copies online would undermine the market for physical books.[3] They litigated this claim to the U.S. Supreme Court, which ultimately held that Google’s secondary use was protected by fair use.[4] In 2023, two economists revisited the publishers’ anxieties by exploiting the way Harvard’s Widener Library contributed its pre‑1923, out‑of‑copyright holdings to Google Books. Volumes were scanned in shelf order between 2005 and 2009, rather than by demand or popularity, so the timing of digitization for any particular title was effectively arbitrary. The authors track 37,743 of these titles and compare their print sales in the two years before the main scanning period (2003–04) with sales in the two years after (2010–11), asking whether books that happened to be digitized followed a different path from otherwise similar books that were not. Because digitized titles are fully text‑searchable and viewable online, they function as discovery tools. Readers can find them via keyword search, skim a few pages, and then decide whether to purchase a physical copy.[5] Their results show that digitization can expand, rather than erode, the market for many books. Roughly 40% of digitized titles see an increase in print sales over the study period, compared with fewer than 20% of titles that were never scanned, and on average being searchable and readable on Google Books is associated with an increase in physical sales of up to about 8%. The effect is most pronounced for relatively obscure works in the long tail, not for the handful of titles that already sell well. The authors also find a spillover. Once readers discover a digitized work by a given author, they become more likely to buy that author’s other, non‑digitized titles. Taken together, the findings suggest that large‑scale digitization and free online discovery can serve as an access infrastructure that helps surface neglected works and stimulates demand across an author’s catalogue, complicating simple claims that free digital access must be bad for print markets. Effect of free access through libraries on print sales In 2022, a study of the Japanese public library systems showed that free access through public libraries modestly displaces sales only for bestsellers and has a minimal detectable effect for most other books. Kanazawa and Kawaguchi analyze Japan’s dense public library network by building a title‑municipality‑month panel that links, for each book, how many copies local libraries hold to how many copies nearby bookstores sell over time. Their empirical strategy controls for fixed differences across titles and municipalities, for the typical life‑cycle of sales after publication, and for municipality‑month shocks, so that the remaining effect can be interpreted as the impact of additional library copies on local retail demand. Within this framework, they find that library holdings substitute for purchases at the very top of the demand distribution, but not elsewhere.[6] For the most popular sixth of titles, each additional library copy reduces monthly bookstore sales in the municipality by about 0.24 copies, and for bestsellers the estimated displacement rises to roughly 0.52 copies per month. By contrast, for the majority of less popular titles, the estimated effects are statistically indistinguishable from zero. Adding library copies does not measurably change local sales. Across robustness checks, this pattern holds, suggesting that in a highly literate, library‑rich country like Japan, public libraries have a small amount of demand for already successful books but do not “destroy” the long tail of the market. As an access infrastructure, then, they provide broad reading opportunities while leaving most of the book market intact. How Early Access to Books Builds Lasting Reading Habits Household scholarly culture and school‑library studies show that early, repeated access to books helps build the readers on whom later creative and academic markets depend. In their cross‑national work on 27 countries and later across 31 societies, Evans, Kelley, Sikora, and Treiman find that growing up in a book‑rich home is strongly associated with more years of schooling and higher occupational status, even after controlling for parents’ education, class, and occupation.[7] On average, children from homes with a substantial number of books complete about three more years of education than those from bookless homes, and the size of this effect is comparable to having university‑educated rather than unschooled parents. A follow‑up study shows that home library size also predicts entry into higher‑status, more knowledge‑intensive jobs, mostly because it channels children into longer

WIPO

New WIPO Guide Casts Doubt on Open General Exceptions

WIPO’s new Guide to the Copyright and Related Rights Treaties Administered by WIPO (2nd ed.) contains some complicated messages on the use of open general exceptions, like fair use and fair dealing. Open General Exceptions in Copyright Others and I have described open general (OG) exceptions as open in the sense of applying to potentially any use of any work by any user for any purpose, subject to a proportionality test (such as “fair practice,” “dealing” or “use”) that balances the interests of the rights holder with those of the user and the public (see User Rights Database). The U.S. fair use provision is frequently cited as the primary model of an open general exception. But many “fair dealing” exceptions are also open (e.g., Malaysia), as are many specific exceptions such as for “research” that exist in many civil law countries and can be applied quite flexibly. OG Exceptions and the Three-Step Test There is a long-running debate in international copyright law and policy about whether fair use and other open general exceptions violate the so-called three-step test in the Berne Convention, and replicated in subtly different forms in other copyright treaties. The Berne version of the three-step test provides: It shall be a matter for legislation in the countries of the Union to permit the reproduction of such works in certain special cases, provided that such reproduction does not conflict with a normal exploitation of the work and does not unreasonably prejudice the legitimate interests of the author. The US Copyright Act provides an exception “the fair use of a copyrighted work … for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research,” provided the use is “fair” considering the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of use, and the effect of the use upon the potential market for or value of the copyrighted work. The debate about whether fair use complies with the three-step test revolves around the inclusion of the opening term “such as” before the listed permissive purposes for a use. The legal question in the three-step analysis is whether that opening clause renders the exception applicable to uses beyond “certain special cases.” The New Guide’s Approach The new WIPO Guide begins with a refutation of the old idea, perhaps first published in a WIPO document by a report authored by Sam Ricketson early in the SCCR’s work on limitations and exceptions, that the US fair use exception is in violation of the Berne three-step test because its application to purposes “such as” the listed purposes is not adequately confined to “certain special cases.” Ricketson (2003, p.67) had concluded that “it is unlikely that the indeterminate ‘other purposes’ that are covered by Section 107 meet the requirements of the first step of the three-step test”. The report concludes differently, explaining: BC-9.25. With this interpretation of the adjective “certain”, it is easier to reject the assertion that the US “fair use” doctrine and practice may not be in accordance with the three-step test. The basis of this assertion is that the U.S. Copyright Act does not fulfill the condition of “certainty”, since it does not contain a sufficiently clear definition as required by the above-mentioned interpretation of the WTO panel. Such doubts about the US law, however, are not justified even on the basis of the interpretation adopted by the WTO copyright panel, because they would be based on an overemphasis of an isolated element of the panel’s finding: the requirement of “certainty”. As quoted above, even the panel has clarified that “there is no need to identify explicitly each and every possible situation to which the exception could apply But the report then goes on to suggest that US law only became sufficiently “certain” at some point during its development in case law: BC-9.65. It is to be recognized, however, that these open forms of limitations or exceptions rather than specific targeted provisions in the statutory law may only be an appropriate option if they are based on well-established court practice. For example, in the United States, the “fair use” system is the result of two centuries of development of case law. Simply copying the statutory codification of the voluminous case law on fair use in section 107 of the U.S. Copyright Act into the legislation of another country where such a system has not existed before and trying to settle the questions of limitations and exceptions on that basis might lead to conflicts with the Berne Convention. The idea that open general exceptions may violate the three-step test has been rigorously contested by international copyright scholars. For example, Geiger et al (2013, pp.1-2) conclude, in a rich historical and doctrinal examination, “that the three-step test in international copyright law does not preclude flexible national legislation allowing the courts to identify individual use privileges case-by-case and that the three-step test can serve as a source of inspiration for national law makers seeking to institute flexible exceptions and limitations at the domestic level.” The compliance of general exceptions with the three-step test was strongly supported by the Marrakesh Treaty’s Article 10(3), which permits countries to implement it “through limitations or exceptions specifically for the benefit of beneficiary persons, other limitations or exceptions, or a combination thereof,” which “may include judicial, administrative or regulatory determinations for the benefit of beneficiary persons as to fair practices, dealings or uses”. But the Report concludes that such general exceptions “might only be an appropriate option if there is well-established court practice based on adequately developed criteria.” For example, in the United States, the fair use system is the result of two centuries’ development of case law. A simple copying of the statutory codification of that voluminous and still developing case law of fair use in section 107 of the U.S. Copyright Act – and then trying to settle the questions of limitations and exceptions on that basis in a country without similar

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