The Digital Public Domain: Foundations for an Open Culture Page: 65
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3. Evaluating Directive 2001/29/EC
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.10
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.1
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
10 Instituut voor Informatierecht, Auteursrechtelijke aspecten van preservering van elektronische
publicaties, Universiteit van Amsterdam, February 1998, IViR Rapporten - 7, p. 1.
11 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).
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De Rosnay, Mélanie Dulong & De Martin, Juan Carlos. The Digital Public Domain: Foundations for an Open Culture, book, March 2012; Cambridge, United Kingdom. (https://digital.library.unt.edu/ark:/67531/metadc123530/m1/92/: accessed May 13, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; .