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

Sim & San secured the win for Dr. Reddy’s, which will allow the pharma company to manufacture and export semaglutide, the active ingredient in Ozempic
Lucas Amodio joins our ‘Five minutes with’ series to discuss artificial intelligence systems and patent law
The Americas research cycle has commenced, so don't miss the opportunity to submit your work
Practitioners have welcomed extended funding of the specialist police unit until 2029, while the UKIPO says it is exploring increased scale
Abion says integration with Baylos marks an important step in the company’s international expansion plans
Via Licensing Alliance continues its China push as another smartphone manufacturer joins patent pool as licensee
Law firm mergers have the potential to reshape IP teams, and partners who were at the coalface of previous tie-ups say early coordination and flexibility can make the difference
Women are entering the IP profession, but still too few are being trusted with the clients, cases, and credit that may open the path to leadership
In other news, Australia’s IP office has announced expanded search options, and an EPO report shed light on slow progress relating to women inventors in Europe
Managing IP speaks with up-and-coming women lawyers at five law firms about fighting imposter syndrome, maintaining work-life balance and why real representation matters
Gift this article