Advocate General backs libraries’ right to digitise

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Advocate General backs libraries’ right to digitise

Advocate General Niilo Jääskinen, of the Court of Justice of the EU, argues that a member state may authorise libraries to digitise books without the consent of copyright holders

He gave his opinion today in a case concerning the EU Copyright Directive referred from Germany’s Bundesgerichtshof. The dispute is between the Technische Universität Darmstadt and publisher Eugen Ulmer.

Eugen Ulmer sought to prevent the university from digitising a book in its library collection and to prevent users from being able to print the book or save it on a USB stick via electronic reading points.

In the opinion, the Advocate General says that member states may grant libraries the right to digitise books in their collections, if their being made available to the public by dedicated terminals requires it. This may be the case where works are old, fragile or rare or where they could be damaged by photocopying.

But he adds that this only applies to the digitisation of individual works, not a collection in its entirety.

Additionally, he says that the Copyright Directive does not allow users of terminals to save the works on a USB stick (as that would be the creation of a private digital copy). But the printing of a work from a terminal is comparable to making a photocopy, and may be covered by the private copying exception.

The opinion is not yet published in English, but is available in most other European languages. A press statement from the Court summarises it.

more from across site and SHARED ros bottom lb

More from across our site

Alabama attorney Miya Aladebumoye has launched a new firm built on ‘big law’ experience and a personal touch approach
A UKIPO campaign aimed at combating fakes in the pre-loved fashion market and registration of the first Portuguese craft and industrial geographical indication were also among the top talking points
Chris Adams, Managing IP’s research lead, joins us to explain what practitioners need to know ahead of our first rankings release of 2026
Another IP litigator joins Winston & Strawn in Dallas as firm seeks to keep pace with ‘rapid’ growth of Texas market
Anthony O'Malley will replace Andrew Blattman at IPH, which owns several large IP firms across Australia, Asia and Canada
Barry Greenbaum, partner at Olshan Frome Wolosky, explains how in-house teams can update their approach to brand development, and where AI can add value
Christine Chiramel, who joins a full-service law firm after 17 years of working at specialist firms, says she’s excited to explore how corporate commercial issues are blurring into IP
Practitioners say increasing the pecuniary jurisdiction of India’s most popular IP litigation forum to around $2 million would spark unpredictability and make it difficult for SMEs to benefit
The Spain-based firm has appointed an industry veteran to lead the group, which it hopes will strengthen its ability to support clients in ‘disruptive technologies’
Shaina Haria, a final-seat trainee at an international law firm’s UK office, shares how she fell in love with IP and why the area of law has changed the way she views the world
Gift this article