Copyright Law and Library Exceptions and Limitations

The German Act on Copyright and Related Rights (UrhG) was substantially revised in 2018. Part 1 Division 6 Subdivision 4 (Sections 60a- h) of the UrhG now regulates lawfully permitted uses for teaching, science and institutions, with other possibilities elsewhere.

In particular, the law implements the Marrakesh Treaty (although retains the notion that libraries as authorised entities should pay a form of compensation to authors for copies), and includes remunerated exceptions for copying for teaching and research, including non-commercial text and data mining. The law on text and data mining at least will need to be reformed in the context of the implementation of the EU Copyright Directive – the German Library Association is focusing on this, as well as rules on ancillary copyright for press publishers, and calling for a legal basis for eBook rental. For libraries, it includes unremunerated exceptions for copying for making available (providing access), indexing, cataloguing, preservation and restoration, and remunerated exceptions (i.e. with payment of a fee to a collecting society) for exhibitions, for cooperation between libraries on restoration by sharing copies, for users to make limited copies for private research, for access on dedicated terminals, and for document supply. With the exception of access at dedicated terminals in some cases, these possibilities cannot be taken away by contract terms. Germany also has rules allowing for the use of orphan works, following a sufficient search for rightholders, as well as of out-of-commerce works produced before a certain point, in exchange for a payment to a collecting society. One central concern for libraries with regard to the UrhG is that the Section regulating lawfully permitted uses for teaching, science and institutions (Part 1 Division 6 Subdivision 4) shall, according to Section 142 (2), no longer apply as from 1 March 2023. The prospective non-application causes great legal uncertainty for libraries. The German Library Association is therefore advocating in favour of deleting Section 142 (2) as part of the implementation process of the Copyright Directive. Read the full position paper from the German Library Association (available in German).

Libraries are allowed to do basic activities provided it is not for profit and it is for scholarship, studies etc. Libraries do not need to pay for other uses of works. The Law takes into account digital materials and their uses. The Law does not specify printing for people with print disabilities. There is currently a move by the Copyright office together with other stakeholders like the Blind Union for a reform to accommondate print disabilities.

The law allows the lending operation. Regarding preservation of works possessed and archived either by the National Library of Greece or by public libraries—non-profit-making libraries and archives in Greece. The law allows the making of one additional copy, without the consent of the author and without payment, from a copy of the work already existing in the permanent collection of a non-profit-making library or archive, for the purpose of retaining that additional copy to another non-profit-making library or archive. The reproduction shall be permissible only if an additional copy cannot be obtained in the market promptly, and on reasonable terms. The law also allows the making of a copy of a work deposited to the National Library of Greece, which has yet to be published. Said copy is allowed only if it is requested by the depositor (author) or by his/her heir or by the person who was assigned with the right to request it. In any other case copying is not allowed for the material that is subject to Copyright. The Copyright law in Greece includes exceptions/limitations from the reproduction right regarding: a) school textbooks and anthologies, b) reproduction for teaching purposes, c) the public lending of works from libraries of primary and secondary educational institutes—school libraries—and from academic libraries, d) the reproduction of cinematographic works, e) the reproduction for judicial and administrative purposes, f) the reproduction for information purposes, g) the use of images of works sited in public places, h) the public performance or presentation of works on special occasions. The law caters for certain permitted uses of orphan works. Regarding people with print disabilities, the law allows the reproduction of works for the benefit of blinds and deaf-mute for uses which are directly related to their disability and are non-commercial in nature. An amendment of the law, with which the EU-Directive regarding the Marrakesh Treaty will be incorporated into the Greek legislation, is in process. A further amendment, with which the new Directive on Copyright in the Digital Single Market will be incorporated into the national law, is expected.

The Copyright Law of Iraq does not contain any explicit exceptions for libraries. It does contain a broad exception for personal use, allowing individuals to take copies of works, as well as exceptions for quotations. However, possibilities to re-use content in reporting on news of the day were removed in 2004. The law does, however, not include any lending right (implying that libraries can lend books), and suggests broadly that exceptions may be possible as long as they comply with the three-step test (special uses, which do not conflict with normal market use, and which do not unreasonably prejudice the legitimate interests of rightholders). (see also unofficial English translation: https://njq-ip.com/country/iraq/copyrights/laws/)

Israel's 2007 Copyright Law, which replaced the 1911 British Copyright Act, provides comprehensive protection and is compliant with Trade-Related Aspects of Intellectual Property Rights (TRIPS). However, it is not bound by the World Intellectual Property Organization Copyright Treaty (WCT).

The Forum for Accessible Education (composed of of academic librarians, law professors and lawyers) compiled a Code of Best Practices in 2010 to aid librarians in interpreting the law, and specifically Fair Use. The law permits basic library activities such as lending and copying within the framework of Fair Use, and also permits copying for preservation purposes. Israel has had a Public Lending Right scheme (but not a law) since 1986 which aims to ensure that writers and poets are paid when their works are loaned by public libraries (not including the National Library). Libraries do not need to pay for other uses of works. The law does not take account of digital uses (i.e. digital lending / document supply / digitization). The law allows libraries to adapt copies of works for people with print disabilities. There are significant copyright challenges for Israeli libraries as although the law permits fair use, its definition is vague, and as there are not enough legal precedents to guide libraries and their users, libraries are afraid to make extensive use of the fair use clause. Israel does not have a representative body of all copyright owners (other than the rights of music creators) so libraries cannot reach broad agreements or sign sweeping authorization contracts with rights holders. The National Library and the Ministry of Justice are trying to reform the law so that it will be easier for libraries and archives to scan and make accessible orphaned works whose protection period has not yet ended.

Last amended in 2021. The Publishing Ordinance of 1869 was the first in Japan to provide for copyright protection. The Publishing Ordinance gave publishers a "monopoly" on books, but its content was more focused on controlling publication. In 1899, along with joining the Berne Convention for the Protection of Literary and Artistic Works (Berne Convention), the Copyright Law was established. The current copyright law was enacted in 1970 by completely revising the old copyright law.

Japanese copyright law includes possibilities for library copying to support research and study, preservation, and supply of works to other libraries that cannot easily be obtained commercially. There are also possibilities to give electronic access to materials on request, with users then able to use these works in any way necessary to carry out research or study, although there are rules here around compensation, extent of materials shared, and requirements for safeguards. The National Diet Library has broader possibilities to give digital access to works which are fragile or otherwise at risk. There are specific provisions about the National Diet Library (NDL) and rare and out-of-print works, and orphan works. In the first case, there are provisions allowing for the sharing of digitised copies of such works to other libraries, as well as to registered users of the NDL. Rightsholders can come forwards to opt their works out of such activities. On orphan works, there are possibilities to give wider access to these, but this requires a ‘considerable’ effort on the part of the library to identify and locate rightsholders and the payment of a licence fee. There are provisions allowing for the creation and sharing of accessible format works for people with print and aural disabilities, although only when there is no appropriate copy already commercially available. Finally, there is the possibility for the National Diet Library to harvest web content, alongside eLegal Deposit, and provide access to this for registered users, or those who request it. Outside of library-specific provisions, there are also rules around personal copying, text-and-data mining (in the context of a provision enabling uses of works that don't have the purpose of enjoying the work), quotation, use in producing textbooks, school copying, educational broadcasting.