This document summarizes a workshop presentation on the legal challenges of building digital collections for libraries. It discusses how copyright law impacts libraries' ability to digitize and provide access to materials. It categorizes works into copyrighted, orphan/out-of-print, and public domain. For copyrighted works, various licensing models for e-lending are discussed, along with ongoing legal cases. Orphan works pose access issues without solutions. The public domain provides benefits but its scope depends on copyright term limits. Recent legal developments and participation in policy debates were recommended to help libraries adapt to the digital landscape.

1. LEGAL CHALLENGES FOR
BUILDING DIGITAL COLLECTIONS.
13/10/14
Workshop on the future of libraries
Biblioteca delle Oblate
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2. LEGAL CHALLENGES FOR
BUILDING DIGITAL COLLECTIONS.
Argyri Panezi, Ph.D. Candidate
European University Institute, department of law 2

3. • “How libraries evolve to remain relevant in the new
information landscape.”
• Libraries’ traditional role: collecting, organizing, giving
access
My research question:
• Does the existing copyright framework provide enough
space for libraries to claim an equivalent central role in the
digital space?
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The IFLA report and the
future of libraries.

4. Categorising works according
to their legal status.
• 3 categories of works according to copyright status:
1. Copyrighted works
2. Orphan and out-of-print works
3. Public domain
• Legal status dictates accessibility - two phases:
Input phase: how does the library get access to the
copyrighted material
Output phase: in what manner is the library allowed to
offer access to its users/the public
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5. • Article 6 of the WIPO Copyright
- right of distribution
- limited by exhaustion
• Exhaustion is the legal basis for library lending but NOT
for e-lending
• Currently copyright law worldwide explicitly only grants
exhaustion to tangible objects, such as printed books
• [03/09/14] – pending case
Dutch Court refers preliminary questions on the lending of e-books
to the Court of Justice of the European Union
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Copyrighted works.

6. 1. Perpetual access: replicating print books lending
2. Subscription model: database of e-book titles
3. Pay per view: list of available titles display and fee per
view of a specific title
- Patron-driven acquisition
• Advantages & Disadvantages
• Fear of ‘cannibalization’ of sales
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Licensing and e-lending
models.

7. • A market failure problem
• Appreciable corpus of works
• Orphan works directive 2012/28/EU ‘on certain permitted
uses of orphan works’
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Orphan and out-of-print
works.

8. • Freed from copyright.
• The legal consequence of the public domain status is that
users may access, reuse and appropriate freely from these
works.
• Value of the public domain:
1. Provides building blocks for new creation
2. Enables competitive imitation
3. Low cost access to information
4. Public access to cultural heritage
5. Education
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Public domain works.

9. [11/09/2014] - decided
Case C-117/13 Technische Universität Darmstadt v Eugen
Ulmer KG
A Member State may authorize libraries to digitize, without the
consent of the right-holders, books they hold in their collection
so as to make them available at electronic reading points
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Recent developments.

10. • Critical moment
• Participation of libraries to the policy debate
• Public Consultation on the review of the EU copyright
rules – Commission Report on the responses (July 2014)
http://ec.europa.eu/internal_market/consultations/2013/copyright-rules/
docs/contributions/consultation-report_en.pdf
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Ways forward.

11. Thank you.
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Argyri Panezi, Ph.D. Candidate | argyri.panezi@eui.eu
European University Institute, Florence, Italy
Department of Law