Conclusie AG over digitaliseren boeken zonder toestemming rechthebbenden door bibliotheken

Conclusie AG Jääskinen, 5 juni 2014, zaak C-117/13, Technische Universität Darmstadt.

Uit het perscommunique: "According to Advocate General Jääskinen, a Member State may authorise libraries to digitise, without the consent of the rightholders, books they hold in their collection so as to make them available at electronic reading points. [...]

Next, the Advocate General considers that the directive does not prevent Member States from granting libraries the right to digitise the books from their collections, if their being made available to the public by dedicated terminals requires it. That may be the case where it is necessary to protect original works which, although still covered by copyright, are old, fragile or rare. That may also be the case where the work in question is consulted by a large number of students and its photocopying might result in disproportionate wear. [..]

While the Advocate General is of the view that the exception provided for in favour of dedicated terminals no longer covers the printing of a paper copy, he nevertheless notes that the printing of a work available on dedicated terminals may be covered by other exceptions provided for by the directive, including, in particular, the exception of private copying. In that regard, the Advocate General sees no difference between a photocopy of pages of a work physically present in the library collection and the printing of pages of a digital copy. The risk of unlawful distribution on a large scale, present in the case of digital copies, does not exist in the case of the printing of a paper copy."

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