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Copyright Issues in the Context of the Digital Library
Abstract
Libraries have a strong role on promoting culture and knowledge as intermediaries between creators and readers. In the analogical world, such usages didn't have relevant effects on the normal exploitation of copyrighted works. However, digitisation had a strong effect on rightholders' interests by facilitating and democratizing access to works, considering that libraries may reproduce them and promote their online accessibility. Litigation regarding the referred actions has dramatically increased in the last years as they may stress the normal exploitation of copyrighted works and the exclusive rights of reproduction and of distributing. Based on the European Union's legislation and jurisprudence, the present chapter analyses the lawfulness of public libraries digitisation of books from their collection in order to make them available to users without the right holder's consent, confronting them with the exclusive right of reproduction and the making available right.
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