Leestip: Uitspraak Europees Hof van Justitie over het digitaal beschikbaar stellen van bibliotheekboeken
23 september 2014Tweet
Het Europese Hof van Justitie heeft 11 september 2014 bekend gemaakt dat Europese bibliotheken boeken mogen digitaliseren en beschikbaar stellen via elektronische leespunten, zonder eerst toestemming te krijgen van de houder van de auteursrechten.Uit een artikel op PCworld.com:
"European libraries may digitize books and make them available at electronic reading points without first gaining consent of the copyright holder, the highest European Union court ruled Thursday. Under the EU Copyright Directive, authors have the exclusive right to authorize or prohibit the reproduction and communication of their works, the Court of Justice of the European Union (CJEU) said. However, the directive also allows for exceptions or limitations to that right, it said. “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,” it added. The directive does not prevent EU member states from granting libraries the right to digitize the books from their collections, if it becomes necessary for the purpose of research or private study, to make those works available to individuals through dedicated terminals, the CJEU ruled. “The right of libraries to communicate, by dedicated terminals, the works they hold in their collections would risk being rendered largely meaningless, or indeed ineffective, if they did not have an ancillary right to digitize the works in question,” the court said.
Even if the rights holder offers a library the possibility of licensing his works on appropriate terms, the library can use the exception to publish works on electronic terminals, the court ruled. “Otherwise, the library could not realize its core mission or promote the public interest in promoting research and private study,” it said. However, libraries cannot permit visitors to use the terminals to print out the works or store them on a USB stick, the CJEU said. By doing so, the visitor reproduces the work by making a new copy. This copying is not covered by the exception, particularly since the copies are made by individuals and not by the library itself, it said. The library could however permit the users to print or store the works on a USB stick if fair compensation is paid to the rights holder, the CJEU said.
Lees de volledige uitspraak: http://curia.europa.eu/jcms/upload/docs/application/pdf/2014-09/cp140124en.pdf.