"1. Should Articles 1(1), 2(1b) and 6(1) of Directive 2006/115 be interpreted in such a way, that 'Lending' should also encompass: making available to the public - through a publicly accessible institution for use without direct or indirect commercial or economic advantage - copyright-protected novels, short stories, bibliographies, travelogues, children's books and children's literature
- through the placement of a copy in digital form (reproduction A) on the server of the institution and enabling that a copy can reproduce that copy on his own computer (reproduction B);
- where this copy (reproduction B) is not usable anymore after a limited time;
- where other users can not download the copy (reproduction A) during that limited time.
2. If so, is it required for the use of the public library exception, that the work has entered into circulation through a first sale (...) of that copy in the Union by the rightholder or with his consent?
3. If the answer to Question 2 is in the affirmative is it relevant whether Reproduction A was obtained from a legal source?
4. If the answer to Question 2 is in the affirmative, is obtaining an ebook through a library download so that the rental is for an indefinite period, akin to a sale so that the right of distribution is exhausted?"
Címkék: e-haszonkölcsönzés, e-könyv, Európai Bíróság, Hollandia