Advocate General backs libraries’ right to digitise

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Advocate General backs libraries’ right to digitise

Advocate General Niilo Jääskinen, of the Court of Justice of the EU, argues that a member state may authorise libraries to digitise books without the consent of copyright holders

He gave his opinion today in a case concerning the EU Copyright Directive referred from Germany’s Bundesgerichtshof. The dispute is between the Technische Universität Darmstadt and publisher Eugen Ulmer.

Eugen Ulmer sought to prevent the university from digitising a book in its library collection and to prevent users from being able to print the book or save it on a USB stick via electronic reading points.

In the opinion, the Advocate General says that member states may grant libraries the right to digitise books in their collections, if their being made available to the public by dedicated terminals requires it. This may be the case where works are old, fragile or rare or where they could be damaged by photocopying.

But he adds that this only applies to the digitisation of individual works, not a collection in its entirety.

Additionally, he says that the Copyright Directive does not allow users of terminals to save the works on a USB stick (as that would be the creation of a private digital copy). But the printing of a work from a terminal is comparable to making a photocopy, and may be covered by the private copying exception.

The opinion is not yet published in English, but is available in most other European languages. A press statement from the Court summarises it.

more from across site and SHARED ros bottom lb

More from across our site

Shwetasree Majumder, managing partner of Fidus Law Chambers, discusses fighting gender bias and why her firm is building a strong AI and tech expertise
Hady Khawand, founder of AÏP Genius, discusses creating an AI-powered IP platform, and why, with the law evolving faster than ever, adaptability is key
UK firm Shakespeare Martineau, which secured victory for the Triton shower brand at the Court of Appeal, explains how it navigated a tricky test regarding patent claim scopes
The firm’s managing partner said the city is an ‘exciting hub of ideas and innovation’
In our latest podcast, Deborah Hampton talks through her hopes for the year, INTA’s patent focus, London 2026, and her love of music
Tech leads at three IP service groups discuss why firms need to move away from off-the-shelf AI products and adopt custom solutions
IP firms say they have been educating some clients on AI use, with ‘knowledge-sharing’ becoming more prevalent
As the US patent system tilts further toward favouring patent owners, firms with a strong patentee focus can get ahead of the game
Amanda Yang and Rachel Tan at Rouse and Landy Jiang at Lusheng Law Firm provide an overview of the draft amendments to China’s trademark law
News of EIP launching an AI platform and a trade secret blow for TCS in the US were also among the top talking points
Gift this article