E-books Lending in Libraries, legal obstacles and opportunities INCONECSS, Berlin 19 April 2016 Michel Fraysse
[email protected] Is there a right to e-read ? The legal landscape The « resistance » against e-books and e-reading How to promote e-reading Legal perspectives for the future 22/04/2016 2 Is there a right to e-read ? In 2013, The Eblida (European Bureau of Library, Information and Documentation Associations) launched a right to e-read campaign : « European citizens have the right to e-read ! They should benefit from this right in libraries. It should therefore be possible for libraries to legally lend e-books ». «We need an updated, modern copyright framework ! “ In 2014, IFLA launched an eLending background paper, with a set of guiding principles on copyright, e-lending and definition of ebooks, “A library must have the right to license and/or purchase any commercially available eBook without embargo » 22/04/2016 3 The legal landscape behind the curtain Is there really « a right to e-read » ? Do copyright laws recognize the right to e-read and e-lending ? The legal answer is NO (at the moment…) What are the main legal obstacles ? 22/04/2016 4 The 2 main legal obstacles 1 There is no « right to publish » on digital format The « Milan Kundera anguish » : Milan Kundera contractually forbids e-version of his novels (see http://www.complete-review.com/saloon/archive/201207b.htm#ct1 and http://www.franceculture.fr/emissions/repliques/le-livre-son-passe-son-avenir ) Mr X. Professor of Law at Toulouse 1 Capitole university « I’ll never let my publisher sell an electronic version of my book unless you demonstrate I won’t lose money with the sales of the printed version » 2 There is no legal obligation to offer e-lending even if the e-book version is available for sale Compare with print books : in France, a 2003 Act (« loi ») on print books lending (Transposal of European Directive 19 November 1992) but nothing for ebooks According to this « loi », an author cannot contest the loan of his books by a lending library.