Libraries can digitise books, says CJEU

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

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

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 SHARED ros bottom lb

More from across our site

The insensitive reaction to a UK politician crying on TV proves we have a long way to go before we can say we are tackling workplace wellbeing
Adrian Percer says he was impressed by the firm’s work on billion-dollar cases as well as its culture
In our latest interview with women IP leaders, Catherine Bonner at Murgitroyd discusses technology, training, and teaching
Developments included an update in the VAR dispute between Ballinno and UEFA, the latest CMS updates, and a swathe of market moves
The LMG Life Sciences Americas Awards is thrilled to present the 2025 shortlist
A new order has brought the total security awarded to a Canadian tech company to $45 million, the highest-ever by an Indian court in an IP case
Andrew Blattman reflects on how IP practices have changed and shares his hopes for increased AI use and better performance on the stock market
The firm said major IP developments included advising on a ‘landmark’ deal involving green hydrogen production, as well as two major acquisitions
The appointments follow other recent moves in the European market as firms look to bolster their UPC offerings
Deborah Kirk discusses why IP and technology have become central pillars in transactions and explains why clients need practically minded lawyers
Gift this article