1. LEGAL CHALLENGES FORBUILDING DIGITAL COLLECTIONS.13/10/14Workshop on the future of librariesBiblioteca delle Oblate1

2. LEGAL CHALLENGES FORBUILDING DIGITAL COLLECTIONS.Argyri Panezi, Ph.D. CandidateEuropean University Institute, department of law 2 3. How libraries evolve to remain relevant in the newinformation landscape. Libraries traditional role: collecting, organizing, givingaccessMy research question: Does the existing copyright framework provide enoughspace for libraries to claim an equivalent central role in thedigital space?3The IFLA report and thefuture of libraries. 4. Categorising works accordingto their legal status. 3 categories of works according to copyright status:1. Copyrighted works2. Orphan and out-of-print works3. Public domain Legal status dictates accessibility - two phases:Input phase: how does the library get access to thecopyrighted materialOutput phase: in what manner is the library allowed tooffer access to its users/the public4 5. Article 6 of the WIPO Copyright- right of distribution- limited by exhaustion Exhaustion is the legal basis for library lending but NOTfor e-lending Currently copyright law worldwide explicitly only grantsexhaustion to tangible objects, such as printed books [03/09/14] pending caseDutch Court refers preliminary questions on the lending of e-booksto the Court of Justice of the European Union5Copyrighted works. 6. 1. Perpetual access: replicating print books lending2. Subscription model: database of e-book titles3. Pay per view: list of available titles display and fee perview of a specific title- Patron-driven acquisition Advantages & Disadvantages Fear of cannibalization of sales6Licensing and e-lendingmodels. 7. A market failure problem Appreciable corpus of works Orphan works directive 2012/28/EU on certain permitteduses of orphan works7Orphan and out-of-printworks. 8. Freed from copyright. The legal consequence of the public domain status is thatusers may access, reuse and appropriate freely from theseworks. Value of the public domain:1. Provides building blocks for new creation2. Enables competitive imitation3. Low cost access to information4. Public access to cultural heritage5. Education8Public domain works. 9. [11/09/2014] - decidedCase C-117/13 Technische Universitt Darmstadt v EugenUlmer KGA Member State may authorize libraries to digitize, without theconsent of the right-holders, books they hold in their collectionso as to make them available at electronic reading points9Recent developments. 10. Critical moment Participation of libraries to the policy debate Public Consultation on the review of the EU copyrightrules Commission Report on the responses (July 2014)http://ec.europa.eu/internal_market/consultations/2013/copyright-rules/docs/contributions/consultation-report_en.pdf10Ways forward. 11. Thank you.11Argyri Panezi, Ph.D. Candidate | argyri.panezi@eui.euEuropean University Institute, Florence, ItalyDepartment of Law