Technische Universitat Darmstadt v Eugen Ulmer KG: ECJ 11 Sep 2014

darmstadtECJ1409

ECJ Judgment – Reference for a preliminary ruling – Directive 2001/29/EC – Copyright and related rights – Exceptions and limitations – Article 5(3)(n) – Use for the purpose of research or private study of works and other subject-matter – Book made available to individual members of the public by dedicated terminals in publicly accessible libraries – Meaning of work not subject to ‘purchase or licensing terms’ – Right of the library to digitise a work contained in its collection in order to make it available to users by dedicated terminals – Making the work available by dedicated terminals which permit it to be printed out on paper or to be stored on a USB stick
‘Article 5(3)(n) of Directive 2001/29 must be interpreted to mean that it does not extend to acts such as the printing out of works on paper or their storage on a USB stick, carried out by users from dedicated terminals installed in publicly accessible libraries covered by that provision. However, such acts may, if appropriate, be authorised under national legislation transposing the exceptions or limitations provided for in Article 5(2)(a) or (b) of that directive provided that, in each individual case, the conditions laid down by those provisions are met.’

L. Bay Larsen, P
C-117/13, [2014] EUECJ C-117/13, ECLI:EU:C:2014:2196
Bailii
Directive 2001/29/EC

European, Intellectual Property

Updated: 02 November 2021; Ref: scu.536564