Copyright law in the European Union, with special reference to Germany

Author: Beger, Gabriele

Source: Library Review, Volume 54, Number 2, 2005 , pp. 119-132(14)

Publisher: Emerald Group Publishing Limited

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Abstract:

<B>Purpose</B> - To provide information about how changes to the Copyright Law in the European Union have far-reaching implications for library services; and in particular to illustrate this by showing how library organizations in Germany have reacted to German legal implementation in such a way that they continue to provide services which their users have come to expect of them. <B>Design/methodology/approach</B> - The mandates of the Copyright Law in the European Union are examined and the problems and positions of the various interest groups in amending the German Copyright Law are presented. <B>Findings</B> - The presentation shows that German library organizations are striving to help create a legal framework in which the interests of the rightholders, the providers of services for users and the endusers are balanced. With the increased development of electronic means of storage and duplication and the uncertainty of what the future will bring, the fears of loss by the rightholders have created an atmosphere of mistrust, which makes it difficult to create legislation acceptable to all parties. <B>Research limitations/implications</B> - The current status of the Copyright Law in Germany is in a state of flux. Depending on the final version of the Law, not only German libraries, but libraries all over the world may find themselves faced with restrictions in international inter-library loan and thereby be faced with the need to reassess how and if they will be able to offer all the services they have in the past. <B>Practical implications</B> - Any changes to Copyright Law have far-reaching effects on the flow of information. Since libraries play an important role as intermediaries between endusers and rightholders, it is imperative that they are aware of the ramifications of any changes to these laws. <B>Originality/value</B> - The paper examines the background for the current status of the Copyright Law in Germany, presents the positions of the various interest groups, indicates how the flow of information may be affected by any changes and makes a plea for a reasonable solution which will be acceptable to all parties involved.

Keywords: Copyright law; European Union; Germany; Libraries; Publishing

Document Type: Research article

DOI: 10.1108/00242530510583066

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