European Court bends over to lend e-books by libraries




A test case was brought by the Association of Public Libraries on the lending of e-books will go to the European Court. It must decide whether e-books under the so-called public lending objection fall.

Trial Judge The libraries want e-books and paper books fall under the same exception. That exception allows libraries lend books for a modest fee. The court in The Hague does not seem to want to burn his fingers on that issue and the matter referred to the European Court of Justice.

The libraries set their suit against PLR, which is responsible for collecting the fees in loaned books. Later include the Dutch Publisher Association joined the case; The publishers are against the expansion of the exception.

In 2013 concluded a study by the University of Amsterdam commissioned by the government was still performed that Dutch law “seems to offer including the lending of ebooks by libraries is possible no basis.” Incidentally lending libraries have already e-books, but for that they have entered into contracts with publishers. If e-books under the lending rights objection fall, that does not: then all e-books can be borrowed.

In July ruled another court that the website Tom Cabinet, which users are able to sell e-books should remain. However, the court notes that European law is not clear about the legality of the service, and that a standard procedure should provide greater clarity.


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