Libraries Can Digitize Books without Sanction of Rightholders

Libraries Can Digitize Books without Sanction of Rightholders

Today, many libraries across the world are moving towards digitization of their book collection for preservation and to enhance access for the general public, especially students and researchers. However, the rights of the authors have always been a subject of hot debate. In 2013, Google won a long-running lawsuit filed by authors whose books the Internet giant had scanned and digitized for an online library without their permission. Now, the Advocate General of the Court of Justice of the European Union has ruled that member states may authorize libraries to digitize their collection of books without the permission of the rightholders.

The

present

ruling

on

library

digitization

rights

was

made

when

the

Bundesgerichtshof or Federal Court of Justice of Germany asked the Court of Justice to clarify the scope of the option to settle a dispute between the Technical University of Darmstadt and German publishing house Eugen Ulmer KG.

Technical University of Darmstadt vs. Eugen Ulmer

The Technical University of Darmstadt holds a book published by Eugen Ulmer which it has digitized and made available on its electronic reading posts. Eugen Ulmer is seeking to prevent this and also to prohibit users of the library from being able, via electronic reading points provided therein, to print the book or save it on a USB stick and/or take those reproductions out of the library. The University has rejected the

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offer by the publishing house to purchase and use as e-books the textbooks that it publishes.

Ruling on the case, Advocate General Jääskinen said

“Pursuant to the Copyright Directive, Member States must grant authors the exclusive right to authorize or to prohibit the reproduction and the communication to the public of their works. However, the directive allows Member States to provide for specific exceptions or limitations to that right. This option exists notably for publically accessible libraries which, for the purpose of research or private study, make works from their collections available to users by dedicated terminals”.

Implications and Advantages of the Copyright Directive

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The digitization option exists mainly for publically accessible libraries (libraries that are not for economic or commercial advantage) which, for the purpose of research or private study, make works from their collections available to users via dedicated terminals; this is important to prevent deterioration of original works covered by copyright but which are old, fragile and rare

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Conversion of fragile collections is important when repeated scanning of the fragile hard copy can cause wear and tear

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The directive does not permit the digitization of the entire collections, but only of the individual works

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The directive does not prevent a book from being printed as a private copy, but it does not permit users to save a book digitized by a library on to a USB stick

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The printing of a work available on dedicated terminals may be covered by other exceptions that the directive provides for, particularly the exception of private copying

It should be noted that the Advocate General’s Opinion is not binding on the Court of Justice. In any case, digitization of library collections offers many benefits for users and libraries. It allows text and data to be easily mined and analyzed. Conversion to digital format facilitates long-term preservation of rare works. Users can discover works which are out of print or inaccessible. Inter-library lending and cataloguing becomes more efficient and the provision of links to retailers allows users to purchase titles, or access the libraries where the work is available.

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