Libraries must digitize books without authorization in the EU




The Advocate General of the European Court of Justice is of the opinion that public libraries in the EU in some cases books they have in their possession, without permission from the copyright holder may digitize and printed by visitors.

The Bundesgerichtshof, the German Federal Court of Justice, is currently engaged in a dispute between the Technical University of Darmstadt and publisher Eugen Ulmer KG. The German court, the judgment of the European Court of Justice in that case requested. The university has a book that she has in her possession, and whose copyright is held by Eugen Ulmer, digitized. Now the university wants to give visitors the ability to print using special electronic reading points within the university the book and also save it to a USB stick. Digital version

According Niilo Jääskinen, Advocate General of the European Court of Justice, require current copyright guidelines for Member States to give authors the exclusive right to authorize reproduction of their work or to stop. However, there are special exceptions for public libraries. Work that they have in their possession, they can make available for research and private study purposes. Via special terminals

With the exceptions of public libraries should work according Jääskinen digitized in some cases and for printing. Would be allowed if it is necessary to protect the original work because it is old, vulnerable or rare. Would also be allowed to digitize library books as a large number of students to copy a copier. Many copying could cause disproportionate damage to the book. However, he emphasizes that it is not the intention to digitize. Complete collections It is important, according Jääskinen that the terminals do not result in the sales considerably.

He leaves his advice also know that public libraries should not give visitors to save a USB stick. Digitized version the In his opinion, storing the digital version on a USB stick is not essential to avoid working incur disproportionate damage. This would be contrary to the exclusive right of authors to authorize reproduction of their work or to stop.

He further states that the printing of the library of digitized works in some cases, under one of the exceptions of the directives. When printing the digitized version is labeled as a copy for private use, is that according Jääskinen similar to making a photocopy of the original. In this case, the printing in accordance with allowed by law Jääskinen. The opinion of Advocate General is not binding on the European Court of Justice, but the recommendations are usually adopted. Currently the European Court of Justice is considering the matter and shall rule soon.

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