right to digitise

Case Law, European Union, Exceptions and Limitations, Germany, Private copying, Reproduction (right of)

(Institute of Legal Informatics, Leibniz Universität Hannover)/ /Leave a comment

On 16th April 2015 the German Federal Court of Justice (BGH) delivered its final judgment in a lengthy legal standoff, which began its journey through the judiciary in 2009. The judgment is not yet available but is discussed in a press release here.  Since that time libraries and publishing houses have fought with one another…

Case Law, European Union, Exceptions and Limitations, Jurisdiction, Private copying, Reproduction (right of)

(Institute for Information Law (IViR))/ /Leave a comment

“What the Court did not consider though, is that the outcome of the application of the 3-step test to the digitisation of each individual work for the purposes of making it available for research and private study purposes may conflict with the absolute prohibition of digitising the entire collection.” Judgment CJEU of 11 September 2014,…