"Copyright exceptions and limitations relating to libraries and archives in digital era"
Kalaitzidou, Sofia
The current dissertation aims to study the copyright exceptions and limitations that are relating to libraries and archives and regulating their activities concerning copyright issues. It elaborates on the rationale behind the existence of copyright exceptions and in particular those established for libraries and archives. An attempt is made for their importance to be explained as well as the conditions in which they have been created, in an era still functioning in analogue forms. The legal framework that exists is overviewed on international and European level, examining international treaties and European directives. In addition, common law doctrines of "fair use " and "fair dealing" are compared in proportion. Further below the impact of digitization is analyzed, the affect it has in traditional copyright terms and what are the issues with private copying, the use of technological measures and how orphan works are treated. Case law is used to underline the complications that digitization has created to the application of the existing provisions and to give examples of provided clarifications by the Court of Justice of European Union. Finally a short representation is attempted of social and economic aspects of the issue and the proposal of International Federation of Library Associations and Institutions concerning the adaptation of the existing provisions.
