The role of judges in deciding the future of digital libraries, Global Jurist
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1934- 2640; 2194- 5675
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Global jurist, 2017, Vol. 17, No. 1, (20150025)
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PANEZI, Argyri, The role of judges in deciding the future of digital libraries, Global Jurist, Global jurist, 2017, Vol. 17, No. 1, (20150025) - https://hdl.handle.net/1814/49904
Abstract
Judges sitting in US and EU courts have adjudicated a number of high-profile cases of mass and small-scale digitization and access to digitized material. These cases have important policy effects mounting to shaping the future of digital libraries insofar as the current copyright framework does not change from the legislative branch. This article focuses on the judges’ struggle to achieve progressive (pro-libraries and pro-technology) results interpreting the applicable rules. American judges, on the one hand, primarily utilized doctrinal tools such as the fair use doctrine. European judges, on the other hand, used interpretative methods that can push the limits of exceptions and limitations favoring libraries. The article seeks to bring the role of the judiciary to the spotlight, analyze the wording of the relevant decisions and offer a possible reading of the responsibility that the judges must have experienced adjudicating these cases. Ultimately it urges legislative reform to be a follow-up to the judges’ support of the benefits of digitization the future of libraries in the digital era.
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Published online: 20 January 2017