Lending e-books in libraries: is a technologically neutral approach the solution?

摘要

This article examines the question of whether the public lending right (PLR) as harmonized under the EU Rental and Lending Directive 2006/115/EC should equally apply to both print books and e-books. This question has been answered in the affirmative by the Court of Justice of the European Union (CJEU) in the recent VOB case. The article argues that extending the PLR exception to e-book lending might not be the most appropriate solution. It would neither solve the problems that libraries face in relation to e-lending, nor would it ensure appropriate remuneration to authors. At this stage, other possible alternatives should be explored.