Copyright Law and Library Exceptions and Limitations

The current Copyright Law was adopted in 2000 when it replaced the Law on Copyright and Related Rights from 1993. The law is being constantly amended; last updates are issued in 2017.

The Law includes exceptions for the needs of libraries, archives and libraries which include preservation and replacement (to replace works in the permanent collections or to preserve the work that has been damaged or has become unusable), for research or study (at request making available works in the permanent collections with exception of computer programmes), reproduced copies can be made available within a safe network (intranet).

Copies in for preservation/conservation can be made without copyright infringement, and access can be given on the premises of a recognised library. There is no restriction on the technology or format of such copies. Libraries in the education sector can produce copies without paying royalties. Libraries open to the general public (such as public libraries) do need to pay royalties for public copying, via collecting societies. There are frequent amendments to the law. Library lending is conditional on payment of public lending right. This, as well as the institutions to which it applied, is determined through secondary legislation. School, university and research libraries are not affected. The sums payable for any given library are calculated at 2EUR per registered user having borrowed a book in the past year. Money comes from the local authority budget in the case of public libraries, the state for national ones, or the library itself in other cases. There are also exceptions for quotation, teaching, research, use of orphan works. Temporary storage (caching), caricature, pastiche, parody, and for making copies of works in formats for people with visual or hearing impairments. Luxembourg has yet to implement properly EU rules relating to the Marrakesh Treaty. It appears not to have implemented provisions on technological protection measures (including how to circumvent these when they prevent enjoyment of exceptions and limitations). Luxembourg will need to implement the EU Copyright Directive, which will bring in new rules on text and data mining, digital teaching and out-of-commerce works.

Under the provision of the Copyright Act , Part II(General Provisions) , Section 9. Copyright in Published Edition of Works, Sub Section (5) :  The Government, the National Archives, or any State Archives, the National Library, or any State library, or any public libraries and educational, scientific or professional institutions as the Minister may by order prescribe, may reproduce the typographical arrangement of a published edition without infringing the copyright subsisting by virtue of this section if such reproduction is in the public interest and is compatible with fair dealing and the provisions of any regulations.

The copyright law of Namibia includes no explicit library provisions. However, the fair dealing of a literary or artistic work for personal use in research or private study or teaching is not infringement, nor is quotation, or use in news reporting. In addition to reproductions permitted by the Act, other reproductions are permitted in prescribed circumstances when these do not conflict with normal exploitation of the work and are not unreasonably prejudicial to the legitimate interests of the owner of the copyright. Upon enquiring, it seems the Namibian Copyright law includes no explicit library provisions, although the government has launched work towards an update to the law.

Among the other provisions the copyright Act 2059 (2002) of Nepal, Article 19 has a provision allowing libraries and achieves to take a copy of any work for research or study without deriving economic profits directly or indirectly, as well as to replace any work that is lost, destroyed or old and is incapable of being obtained, without the authorization of the author or the copyright holder of such work is stated. Only single copies are permitted. More broadly, there are also exceptions allowing for the reproduction of news of the day, and for importation.

Libraries, alongside educational establishments and museums open to the public, as well as cinematographic or audio-visual heritage archives and establishments which do not operate for a commercial purpose benefit from copyright exceptions for preservation and restoration. This provision is technology-neutral, allowing libraries to digitize its work if necessary, for preservation, and includes permission for copying to avoid format obsolescence. A library may also make works belonging to its own collection available digitally on site to the public, ie only within the walls of its building. There are exceptions for copying for private study and for education, although with the possibility for remuneration. The Netherlands has also implemented the Marrakesh Treaty, although again with the possibility of remuneration. Libraries can draw on an orphan works provision to copy and make available works in their collections where rightholders have not been identified and found after a careful examination (there is a long list of conditions), and if uses are then only for public interest goals. When making orphan works available, libraries and others may only generate income that serves to cover the costs of digitization and availability. While the European Union Copyright Directive has yet to be implemented, there are already provisions allowing for the copying of works which are out-of-commerce, against remuneration. The Netherlands does have a Public Lending Right scheme, although this does not apply to educational or research libraries, or to primarily publicly subsidised ones such as in parts of the Dutch Antilles. The Public Lending Rights Office (Stichting Leenrecht) collects payments from libraries, toy libraries, CD lenders and art leasing galleries and distributes these payments to organizations representing copyright owners. Elsewhere, there are exceptions for quotation, parody and satire, incidental uses, and transitory copying (i.e. to allow for caching).