1.2 Libraries, archives and museums
Typical functions of any library are the collection, preservation, archiving and dissemination of information. The preservation and archiving of copyrighted works often involves the making of reproductions from original works, either because they have been damaged, lost or stolen.[1] The dissemination of information takes place in a number of ways, either by lending exemplars of works; by permitting the public consultation of works on the premises of the library or the consultation of electronic material at a distance; by allowing patrons to make their own reproductions of works for personal purposes using freely accessible machines (photocopy, microfiches or printer); or finally by transmitting works at the request of individual patrons in the context of a document delivery service or an interlibrary loan service.[2]
Public and research libraries occupy a central role in the supply of information to the public. They make current social and cultural information available to the public on a non-profit basis through catalogues, (electronic) databases, compilations of press articles and other sources. In this context, one can easily understand the libraries’ wish to be able to continue to provide the same services in the digital environment as they are providing in the analogue world. With the digitisation of works, several of the libraries’ and archives’ main activities have given rise to an intensification of use of works by the public, either offline or online, on the premises or at a distance. A number of these activities, when carried out in the digital environment, raise some uncertainty under copyright law, the most problematic of which are electronic document delivery services and the digitisation of copyright protected material held in the collections of libraries and archives.
Libraries and archives see in digital technology the ideal means to preserve or restore their collections. The question therefore arises of whether public libraries, archives and other similar institutions should be allowed to make digital reproductions of works and under what circumstances such reproductions could be allowed. Also, can a library or archive make a copy of a digital work in its collection? A library or archive could consider making such a digital reproduction in the case where the original of a work
- ↑ Instituut voor Informatierecht, Auteursrechtelijke aspecten van preservering van elektronische publicaties, Universiteit van Amsterdam, February 1998, IViR Rapporten – 7, p. 1.
- ↑ J. Krikke, Het bibliotheekprivilege in de digitale omgeving (Deventer: Kluwer Law, 2000), p. 21; Dirk J. G. Visser, “Naar een multimedia-bestendig auteursrecht”, ITeR No. 10, Samsom Bedrijfs Informatie, Alphen aan den Rijn, 1998, pp. 1–81 (p. 45).
