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

Practitioners say increasing the pecuniary jurisdiction of India’s most popular 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
Now in its sixth edition, the IP Case Law Conference was focussed on the notion of ‘growing through change’
Nick Redfearn and Khanh Nguyen of Rouse discuss Vietnam’s latest identification in the 2026 Special 301 Report and how the country is taking genuine steps to meet US expectations
Tatiana Campello reflects on 30 years of practising at the firm, and urges women IP attorneys to think beyond the day-to-day
A David v Goliath battle involving TikTok, and Via Licensing Alliance adding new members to its Voice Codec patent pool, were also among the top talking points
Latham & Watkins bolstered its IP litigation bench in California with the addition of Kieran Kieckhefer, as partner demand for trial-ready expertise shows no sign of slowing
With the launch of a new patent eligibility AI tool, Sterne Kessler is leading a growing movement of law firms taking AI development into their own hands
UPC cases are (very) gradually becoming more distributed across other local divisions outside Germany, which can only be good news for the pan-European forum
Gift this article