As regards the libraries and other similar establishments, two core issues have arisen: the production of digital copies of materials held in the libraries' collections and the electronic delivery of these copies to users. Digitization of books, audiovisual material and other content can serve a twofold purpose preservation of content for future generations and making it available for end users online.
Under the current legal framework, libraries or archives do not enjoy a blanket exception from the right of reproduction. Reproductions are only allowed in specific cases, which arguably would cover certain acts necessary for the preservation of works contained in the libraries' catalogues. On the other hand, the library exception and national rules implementing it are not always clear on issues such as "format-shifting" or the number of copies that can be made under this exception. Detailed regulations in this respect result from legislative policy decisions undertaken at the national level. Some Member States have restrictive rules with respect to reproductions that can be made by libraries.
In recent years libraries and other public interest establishments have become increasingly interested not only in preserving (digitizing) works but also in making their collections accessible online. If that were to take place, libraries argue, researchers would no longer have to go to the premises of libraries or archives but would easily be able to find and retrieve the required information on the Internet. Also, publishers state that they are digitizing their own catalogues with a view to setting up interactive online databases where this material can be easily retrieved from the user's desktop11. These services require payment of a subscription fee.
Under current copyright legislation, publicly accessible libraries, educational establishments, archives and museums benefit from two exceptions in the Copyright Directive: an exception to the reproduction right for specific acts of reproduction for non-commercial purposes (Art. 5(2)(c) of the Directive) and
a narrowly formulated exception to the communication to the public right and the making available right for the purpose of research or private study by means of dedicated terminals located on the premises of such establishments (Art. 5(3)(n) of
the Directive).
1. Scan and translate the fragment of the document GREEN PAPER. Copyright in the Knowledge Economy.
2. This text is about:
(a) the European Patent System;
(b) the Lanham Act;
(c) the exceptions to copyright for libraries and archives;
(d) the European Court of Human Rights.
3. Which of the following is not true?
(a) libraries or archives enjoy a blanket exception from the right of reproduction;
(b) reproductions are only allowed in specific cases;
() publicly accessible libraries, educational establishments, archives and
museums benefit from five exceptions;
(d) the library exceptions and national rules implementing it are always clear on
these issues.
II.
Search on the Internet and find more information about the WIPO Performances and Phonograms Treaty. Write a short report on this topic.
III.
What rights does a patent owner have? Choose the correct answer.
1. A patent owner may give the permission to use the invention on mutually
agreed terms or sell the right to it.
2. A patent owner cant sell the right to invention to someone else.
3. A patent owner can sell the right to invention after an invention enters the
public domain.
4. A patent owner has the right to decide who may use the patented invention
IV.
Scan the text and explain the meaning and task of sui generis right protection.
