The IPKat: BREAKING NEWS: CJEU says that libraries may digitise books and make them available at e-reading points, and that licences do not prevent exceptions
"This morning the Court issued its decision in Case C-117/13 Technische Universität Darmstadt v Eugen Ulmer KG [not yet available -- press release here], a reference for a preliminary ruling from Germany's Bundesgerichtshof, seeking clarification as to the meaning and scope of relevant exception(s) under Directive 2001/29/EC (the InfoSoc Directive) ... As this blog reported at the time when the case was refereed, the background proceedings concern unauthorised digitisation of one book by a university library (the Darmstadt Technical University) to allow its electronic consultation from the library terminals. Incidentally, these also allow users to print out on paper or store on a USB stick the works made available for consultation there. Back in 2009 the library in question digitised a history book by Winfried Schulze without obtaining the authorisation of the copyright owner first, this being the publisher of the book (Ulmer) Ulmer was not particularly happy with the library's arrangements and, following a failed attempt to offer the university the possibility of purchasing its own ebooks, it brought proceedings for copyright infringement over unauthorised scanning of Schulze's book and other works.
Following partial victory before the Landgericht of Frankfurt am Main (Frankfurt District Court), both parties appealed before the Bundesgerichtshof, which wondered whether the university could actually rely on the exception pursuant to Article 52b of the German Copyright Act [this is the transposition into German law of Article 5(3)(n) of the InfoSoc Directive], which so states ..."