ПРАВО БИБЛИОТЕКЕ ДА ДИГИТАЛИЗУЈЕ ДЕЛО КОЈЕ СЕ НАЛАЗИ У ЊЕНОМ ФОНДУ С ЦИЉЕМ ДА ГА СТАВИ НА РАСПОЛАГАЊЕ ПУТЕМ ПОСЕБНИХ УРЕЂАЈА
THE RIGHT OF A LIBRARY TO DIGITISE A WORK FROM ITS COLLECTION IN ORDER TO MAKE IT AVAILABLE VIA DEDICATED TERMINALS

Summary/Abstract: It is a commonplace to say that digital technology and the advent of the Internet have had a profound effect on many areas of human activity, including creative work and particularly literature. The introduction of electronic books has significantly altered both the publishing sector and readers’ habits, and this is just the beginning. While electronic books may never replace printed books, the fact remains that, for certain categories of book and on certain markets, the volume of electronic book sales equals or surpasses the volume of printed book sales, whereas some works are published only in digital format. Hence, a growing number of readers are leaving printed books aside and turning to electronic reading devices. Young readers may never have accustomed themselves to printed books. If libraries are unable to adapt to this trend, they risk marginalisation and may no longer be able to fulfill the task of cultural dissemination which they have performed for thousands of years. The institution of a regulatory framework to accommodate the modernisation of the way in which libraries operate has been a subject of intense debate for some time, both among the interested stakeholders and in legal theory. The question at the heart of this debate is whether and (if so) on what legal grounds libraries may be authorised to lend electronic books. The author analyzes the recent case law of the European Court of Justice, which refers to the right of the library to digitise a work which is contained in its collection in order to make it available via dedicated terminals.

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