E-lending according to the ECJ: focus on functions and similar characteristics in VOB v Stichting Leenrecht

Abstract

This comment critically assesses the ECJ’s ruling in VOB v Stichting Leenrecht. It finds that the scope of the public lending right has always been a matter of interpretation, which used to be fairly traditional. In that light, the court’s current stance, allowing certain forms of e-lending with similar characteristics to conventional book lending, constitutes a broader, functional approach. [pre-print version]

Derogations; E-books; EU law; Libraries; Public Lending Right, european court of justice, frontpage

Bibtex

Article{Breemen2017b, title = {E-lending according to the ECJ: focus on functions and similar characteristics in VOB v Stichting Leenrecht}, author = {Breemen, V.}, url = {https://www.ivir.nl/publicaties/download/Case-Comment-VOB-v.-Stichting-Leenrecht-V.E.-Breemen-EIPR-April-17.pdf}, year = {0421}, date = {2017-04-21}, journal = {European Intellectual Property Review}, volume = {39}, number = {4}, pages = {249-253}, abstract = {This comment critically assesses the ECJ’s ruling in VOB v Stichting Leenrecht. It finds that the scope of the public lending right has always been a matter of interpretation, which used to be fairly traditional. In that light, the court’s current stance, allowing certain forms of e-lending with similar characteristics to conventional book lending, constitutes a broader, functional approach. [pre-print version]}, keywords = {Derogations; E-books; EU law; Libraries; Public Lending Right, european court of justice, frontpage}, }