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Legal aspects of e‐books and interlibrary loan

Harald Müller (Library, Max Planck Institute for Comparative Public Law and International Law, Heidelberg, Germany)

Interlending & Document Supply

ISSN: 0264-1615

Article publication date: 10 August 2012

3587

Abstract

Purpose

The purpose of this paper is to examine the laws and legal concepts that form the basis for library book lending and how those concepts do or do not apply in the e‐book environment.

Design/methodology/approach

The author surveys relevant legal concepts as defined by international copyright treaties and regulations, and conducts a comparative analysis of how these concepts have been applied in the legal systems of Germany, the USA, and Canada.

Findings

The idea of “lending” books is a carryover from the analogue world and applies only to the distribution of tangible objects, i.e. printed books. The legal concept of “reproduction” more accurately applies to the transfer of e‐books from library to user.

Originality/value

Libraries must lobby their legislatures to create new legal instruments that will enable libraries to provide e‐book access to their users.

Keywords

Citation

Müller, H. (2012), "Legal aspects of e‐books and interlibrary loan", Interlending & Document Supply, Vol. 40 No. 3, pp. 150-155. https://doi.org/10.1108/02641611211258226

Publisher

:

Emerald Group Publishing Limited

Copyright © 2012, Emerald Group Publishing Limited

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