From: Sandy Thatcher <[log in to unmask]>
Date: Sun, 14 Sep 2014 11:13:33 -0500

Did the court really use the word "publish" in describing what
libraries could do? Providing access on site through dedicated
terminals doesn't sound like what "publish? normally means.

Sandy Thatcher



> From: Ann Shumelda Okerson <[log in to unmask]>
> Date: Sat, 13 Sep 2014 12:19:09 -0400
>
> September 11, 2014, 6:19 AM - 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.
>
> "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.
>
> http://www.itworld.com/it-management/435674/libraries-may-digitize-books-without-permission-eu-top-court-rules
>
> See also some caveats in IP Watch:
>
> http://www.ip-watch.org/2014/09/11/libraries-may-be-permitted-to-digitise-books-without-copyright-owners-consent-eu-high-court-rules/