At the Technical University of Darmstadt, Germany, there are several positions especially dedicated to electronic reading your users can view the digital version of the books it houses, in addition to offering the power print or save to a USB. This did not please Eugen Ulmer, the publisher of a book ( "Introduction to Modern History") that was available in this way, considering that the library did not have permission to digitize his work and had to acquire the electronic version of the same.(sound book)

 

The German court handling the case escalated the matter to the European Court of Justice, which has just published its judgment : public libraries of the Member States can digitize all works without a special permit or license from the publisher and whenever local legislation permits. Albeit with certain limitations.

"OTHERWISE IT COULD NOT CARRY OUT ITS FUNDAMENTAL MISSION AND PROMOTE THE PUBLIC INTEREST LINKED TO THE PROMOTION OF RESEARCH AND PERSONAL STUDY"

As he explained in the judgment, and although the rightholder of the work object, libraries can qualify for an exception in the Directive relating to copyright in which mentioned the promotion of research and personal study. Indeed, according to the Court, this is the role of public libraries and adds that "otherwise could not carry out its fundamental mission and promote the public interest linked to the promotion of research and personal study."(interactive sound storybook)

 

Consultation yes, copying

 

However, the Court has stated that this right of consultation does not mean that libraries can reproduce the works , as did the Technical University of Darmstadt, offering the possibility of taking a copy (or part thereof) in USB or print one right there since "it considers that the impression of a work on paper and storage in a USB memory are acts of reproduction, since they aim to create a new copy of the digital copy was made ​​available to users."(Button Sound Book )

 

Yes, the Court does not rule out that Member States provide for an exception to allow this reproduction in libraries, but then would be required to " pay fair compensation to holders of rights in works". The Court of Justice of the European Union has already given its opinion on the matter, but now will be the German courts to decide how it will end this legal dispute.