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Libraries may digitize books without permission, EU top court rules

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  Libraries may digitize books without permission, EU top court rules Rich <rich@example.invalid> - 2014-09-13 13:13 +0000
    Re: Libraries may digitize books without permission, EU top court rules Hils <hils@saynotospam.net> - 2014-09-13 17:27 +0100
      Re: Libraries may digitize books without permission, EU top court   rules polygonum <rmoudndgers@vrod.co.uk> - 2014-09-13 20:18 +0100
        Re: Libraries may digitize books without permission, EU top court   rules Hils <hils@saynotospam.net> - 2014-09-13 21:43 +0100
          Re: Libraries may digitize books without permission, EU top court     rules polygonum <rmoudndgers@vrod.co.uk> - 2014-09-13 21:57 +0100
            Re: Libraries may digitize books without permission, EU top court     rules Hils <hils@saynotospam.net> - 2014-09-13 23:14 +0100

#4870 — Libraries may digitize books without permission, EU top court rules

http://www.pcworld.com/article/2606132/libraries-may-digitize-books-without-permission-eu-top-court-rules.html

   European libraries may digitize books and make them available at
   electronic reading points without first gaining consent of the copyright
   holder, the highest European Union court ruled Thursday.

   The Court of Justice of the European Union (CJEU) ruled in a case in
   which the Technical University of Darmstadt digitized a book published
   by German publishing house Eugen Ulmer in order to make it available at
   its electronic reading posts, but refused to license the publisher's
   electronic textbooks.

   Eugen Ulmer sought to prevent the university from digitizing the book
   and also wanted to prevent users of the library from printing out the
   book or copying it to a USB stick for use outside the library, the CJEU
   said in a news release.

   ...

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#4875

On 2014-09-13 14:13, Rich wrote:
> http://www.pcworld.com/article/2606132/libraries-may-digitize-books-without-permission-eu-top-court-rules.html
> 
>    European libraries may digitize books and make them available at
>    electronic reading points without first gaining consent of the copyright
>    holder, the highest European Union court ruled Thursday.
> 
>    The Court of Justice of the European Union (CJEU) ruled in a case in
>    which the Technical University of Darmstadt digitized a book published
>    by German publishing house Eugen Ulmer in order to make it available at
>    its electronic reading posts, but refused to license the publisher's
>    electronic textbooks.
> 
>    Eugen Ulmer sought to prevent the university from digitizing the book
>    and also wanted to prevent users of the library from printing out the
>    book or copying it to a USB stick for use outside the library, the CJEU
>    said in a news release.

The suggestion appears to be that such e-books should only be made
available within the library. Presumably the ruling applies to public
libraries as well as academic. IMX public library staff in the UK have
almost zero understanding of copyright law and are very conservative
about anything related to copyright, so it's unlikely that this will
affect their behaviour for some time. Libraries on the continent seem
rather more in tune with the times.

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#4880 — Re: Libraries may digitize books without permission, EU top court rules

On 13/09/2014 17:27, Hils wrote:
> On 2014-09-13 14:13, Rich wrote:
>> http://www.pcworld.com/article/2606132/libraries-may-digitize-books-without-permission-eu-top-court-rules.html
>>
>>     European libraries may digitize books and make them available at
>>     electronic reading points without first gaining consent of the copyright
>>     holder, the highest European Union court ruled Thursday.
>>
>>     The Court of Justice of the European Union (CJEU) ruled in a case in
>>     which the Technical University of Darmstadt digitized a book published
>>     by German publishing house Eugen Ulmer in order to make it available at
>>     its electronic reading posts, but refused to license the publisher's
>>     electronic textbooks.
>>
>>     Eugen Ulmer sought to prevent the university from digitizing the book
>>     and also wanted to prevent users of the library from printing out the
>>     book or copying it to a USB stick for use outside the library, the CJEU
>>     said in a news release.
>
> The suggestion appears to be that such e-books should only be made
> available within the library. Presumably the ruling applies to public
> libraries as well as academic. IMX public library staff in the UK have
> almost zero understanding of copyright law and are very conservative
> about anything related to copyright, so it's unlikely that this will
> affect their behaviour for some time. Libraries on the continent seem
> rather more in tune with the times.
>
One of the problems I see with an "in library only" restriction is the 
impact that has on people with disability. A few years ago my partner 
would have been unable to visit a library due to forms of disability, 
and certainly unable to make use of reading material there. So any such 
restriction could have been regarded as discriminatory against her.

This was an actual issue we came across as various medical research 
documents relevant to her conditions were only available to her within 
the local library. (They might have also been available on the internet 
at extortionate rates like 35 dollars for 24 hour access to one paper.) 
With the rarity of one condition being such that hardly any medics could 
even spell or pronounce its name, let alone know anything about it, 
access seemed very important. In the end it was simply too much of a 
burden to go through with raising the issues and trying to get them 
resolved.

-- 
Rod

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#4881 — Re: Libraries may digitize books without permission, EU top court rules

On 2014-09-13 20:18, polygonum wrote:
> This was an actual issue we came across as various medical research
> documents relevant to her conditions were only available to her within
> the local library. (They might have also been available on the internet
> at extortionate rates like 35 dollars for 24 hour access to one paper.)
> With the rarity of one condition being such that hardly any medics could
> even spell or pronounce its name, let alone know anything about it,
> access seemed very important. In the end it was simply too much of a
> burden to go through with raising the issues and trying to get them
> resolved.

ISTR that the UK was going to introduce mandatory open access publishing
for public-funded research, but that wouldn't be much use if the
research you're interested in is privately-funded.

I also STR a campaign by leading academics against the extortionate
prices charged by academic publishers, I don't know what effect it has had.

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#4882 — Re: Libraries may digitize books without permission, EU top court rules

On 13/09/2014 21:43, Hils wrote:
> On 2014-09-13 20:18, polygonum wrote:
>> This was an actual issue we came across as various medical research
>> documents relevant to her conditions were only available to her within
>> the local library. (They might have also been available on the internet
>> at extortionate rates like 35 dollars for 24 hour access to one paper.)
>> With the rarity of one condition being such that hardly any medics could
>> even spell or pronounce its name, let alone know anything about it,
>> access seemed very important. In the end it was simply too much of a
>> burden to go through with raising the issues and trying to get them
>> resolved.
>
> ISTR that the UK was going to introduce mandatory open access publishing
> for public-funded research, but that wouldn't be much use if the
> research you're interested in is privately-funded.
>
> I also STR a campaign by leading academics against the extortionate
> prices charged by academic publishers, I don't know what effect it has had.
>
You are right about UK public-funded research - and I think the same 
might apply to the USA. However, there is an inevitable long period 
between the original commissioning of the research and eventual 
publication. I think that much research currently being published 
started before the policy had been formulated or implemented. Really 
must find out where we are...

Some journals have patient-access programs which can help. Others have 
free access a year after publication. And some (bizarrely) seem to have 
open access between initial putting on-line of the draft and formal 
"this is now published" - if you are lucky you can snag a copy albeit 
with some revisions/edits possibly not yet made.

Other than that, the publishers seem simply to keep increasing the 
costs. And much of the current relevant research appears to be happening 
within a few pharmaceutical companies for they have seen some possible 
inroads to the development of medicines with much wider interest and 
greater profits. Many of the papers written by those researchers will 
never see the light of day at all.

-- 
Rod

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#4885 — Re: Libraries may digitize books without permission, EU top court rules

On 2014-09-13 21:57, polygonum wrote:
> You are right about UK public-funded research - and I think the same
> might apply to the USA.

IIRC the US has had mandatory open-access publishing for a while now.

> Other than that, the publishers seem simply to keep increasing the
> costs. And much of the current relevant research appears to be happening
> within a few pharmaceutical companies for they have seen some possible
> inroads to the development of medicines with much wider interest and
> greater profits. Many of the papers written by those researchers will
> never see the light of day at all.

Are you friendly enough with your GP that he or she will get you copies
of the articles you want? Some of them may be close enough to the
pharmaceutical companies to get their research too, though I'd be wary
of pharma-funded research, even if it has been peer-reviewed.

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