Il copyright nel dibattito bibliotecario europeo

Abstract

Since 1992 and the creation of the European Bureau of Library, Information and Documentation Associations (Eblida), libraries in Europe have been struggling to ensure that the legal framework includes them, and that it doesn’t bypass their missions of providing unhindered access to information and knowledge for all. Libraries are neither an exclusive competence of the European Union, nor a shared competence with member-states. They are part of the exclusive member-states (and local government) jurisdictions. There is therefore no library law at European level, but the absence of a law does not mean an absence of rights. In European Law however, the approach to copyright has been rather restrictive, and the question of its harmonisation appears limited to the exclusive rights of the creator of an original work. On the other hand, no harmonisation has been introduced with regard to the counterpart of this right, namely the limitations and exceptions, whose sole common provision is to be compliant with the Bern convention’s three-step test. Over two years ago, Eblida formed a Library and Cultural Heritage Coalition together with its partners IFLA, Liber, PL2020 and Europeana with a view to improving advocacy for a progressive directive to ensure that libraries can effectively function and best serve their users in this, the 21 st digital century. In such a context, the particular nature of the relationship between copyright and libraries is an excellent example capturing the complexity of the dossier, and a very good reason why libraries need to lobby at European level.