Libraries can digitise books, says CJEU
Managing IP is part of the Delinian Group, Delinian Limited, 4 Bouverie Street, London, EC4Y 8AX, Registered in England & Wales, Company number 00954730
Copyright © Delinian Limited and its affiliated companies 2024

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

Libraries can digitise books, says CJEU

EU member states may grant public libraries the right to digitise books from their collections “if such act of reproduction is necessary for the purpose of making those works available to users”, the Court of Justice of the EU has ruled

CJEU

The Court (right) yesterday gave its judgment in a dispute between the Technische Universität Darmstadt and publisher Eugen Ulmer, referred from Germany’s Bundesgerichtshof, on the interpretation of Article 5(3)(n) of the Copyright Directive.

This provides that member states may provide exceptions to the rights of reproduction and communication to the public for “use by communication or making available, for the purpose of research or private study, to individual members of the public by dedicated terminals on the premises of establishments … of works and other subject-matter not subject to purchase or licensing terms which are contained in their collections”.

However, the Court added that this does not extend to acts such as the printing out of works on paper or their storage on a USB stick.

Such acts maybe authorised under national legislation implementing the exceptions or limitations provided the conditions in the Directive are met. In practice, this means providing fair compensation.

The case arose after 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.

The Advocate General’s opinion was published in June.

Darmstadt University was represented by Nils Rauer and Diana Ettig of Hogan Lovells in Frankfurt. Eugen Ulmer was represented by Ulrich Karpenstein and Gernot Schulze of Redeker Sellner Dahs in Berlin.

more from across site and ros bottom lb

More from across our site

We provide a rundown of Managing IP’s news and analysis from the week, and review what’s been happening elsewhere in IP
Law firms that pay close attention to their client relationships are more likely to win repeat work, according to a survey of nearly 29,000 in-house counsel
The EMEA research period is open until May 31
Practitioners analyse a survey on how law firms prove value to their clients and reflect on why the concept can be hard to pin down
The winner of Managing IP’s Life Achievement Award discusses 50 years in IP law and how even he can’t avoid imposter syndrome
Saya Choudhary of Singh & Singh explains how her team navigated nine years of litigation to secure record damages of $29 million and the lessons learned along the way
The full list of finalists has been revealed and the winners will be presented on June 20 at the Metropolitan Club in New York
A team of IP and media law specialists has joined from SKW Schwarz alongside a former counsel at Sky
The Irish government has delayed a planned referendum on whether Ireland should join the Unified Patent Court, prompting concern about when a vote may take place
With more than 250 winners recognised during the ceremony, there are many reasons to be positive about the health of the IP industry in EMEA
Gift this article