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

With the US privacy landscape more fragmented and active than ever and federal legislation stalled, lawyers at Sheppard Mullin explain how states are taking bold steps to define their own regimes
Viji Krishnan of Corsearch unpicks the results of a survey that reveals almost 80% of trademark practitioners believe in a hybrid AI model for trademark clearance and searches
News of Via Licensing Alliance selling its HEVC/VCC pools and a $1.5 million win for Davis Polk were also among the top talking points
The winner of a high-profile bidding war for Warner Bros Discovery may gain a strategic advantage far greater than mere subscriber growth - IP licensing leverage
A vote to be held in 2026 could create Hogan Lovells Cadwalader, a $3.6bn giant with 3,100 lawyers across the Americas, EMEA and Asia Pacific
Varuni Paranavitane of Finnegan and IP counsel Lisa Ribes compare and contrast two recent AI copyright decisions from Germany and the UK
Exclusive in-house data uncovered by Managing IP reveals French firms underperform on providing value equivalent to billing costs and technology use
The new court has drastically changed the German legal market, and the Munich-based firm, with two recent partner hires, is among those responding
Consultation feedback on mediation and arbitration rules and hires for Marks & Clerk and Heuking were also among the major talking points
Nick Groombridge shares how an accidental turn into patent law informed his approach to building a practice based on flexibility and balancing client and practitioner needs
Gift this article