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 2026

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

News of Dolby suing Snap over AV1 and HEVC patents and SCOTUS offering guidance on the liability of internet service providers were also among the top talking points
Arrival of Caitlin Heard will bolster the soon-to-be-created Ashurst Perkins Coie’s IP presence in the capital
AI, cybersecurity and data practice group will provide clients with legal guidance around AI alongside a 'deep technical foundation’ in IP
Lawyers at Vondst and Biopatents say a ruling concerning the protected status of trade secrets could see the UPC flooded with requests to prevent access to confidential information
Sharad Vadehra of Kan & Krishme discusses why older IP firms still have an edge over up-and-coming boutiques and how the firm is using AI to provide quick and cost-effective service
Lawyers at Appleyard Lees share how they picked apart a plant breeder’s infringement claims concerning the ‘Tango’ mandarin
A further decision on long-arm status, and a new hire for Pentarc in Germany from Taylor Wessing were also among top developments
The US decision marks a rare grant of a request under the Uniform Fraudulent Transfer Act in a patent case
Stobbs has applied to strike out a contempt of court application filed against the firm and two of its lawyers
With trademark volumes surging, trademark teams need to think beyond traditional clearance searches, towards a continuous, intelligence-led workflow, says Meghan Medeiros of Corsearch
Gift this article