Going Digital - A European Copyright Perspective on E-Lending

Are public libraries allowed to lend e-books in the same way as printed books under EUlaw? This is the key question of the following article. In Germany, a regulatory discussion is currently taking place on the topic of e-lending, which provides an opportunity to take a closer look at digital lending from a European copyright perspective. The paper therefore examines the legal framework that Union law establishes for so-called »e-lending«. The term is used here to refer to the lending of e-books by publicly accessible libraries.1 The focus of the article is the CJEU's decision in 'Vereniging Openbare Bibliotheken v Stichting Leenrecht', which will be subjected to a critical analysis. Based on this, the consequences of the decision and potential regulatory options for the member states will be examined. The article will argue that European copyright law does not get in the way of digital lending by public libraries, but that the possibilities opened up by European law are not necessarily used at member state level.