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/