Personal Data Protection in Digital Libraries

Digital libraries provide many advantages compared with traditional libraries, such as wide and round the clock availability of resources, lack of physical boundaries, etc. However, the disclosure of personally identifiable information in the course of processing activities may lead to an invasion of privacy of library users, without their being aware of it. In fact, privacy threats are increased in the digital environment, in which digital libraries operate. The right to privacy in the library is “the right to open inquiry without having the subject of one’s interest examined or scrutinized by others” (ALA, 2005). Users of digital libraries have similar privacy expectations when making use of their services. The issues concerning the privacy of digital libraries’ patrons are thus addressed in comparative perspective, in this chapter. In more particular, the legal regulations with regard to data protection in digital libraries in the EU and the US are presented. The comparative analysis of the two legal orders shows differences and similarities, but also highlights loopholes of protection.

Intellectual Property Issues for Digital Libraries at the Intersection of Law, Technology, and the Public Interest

The development of Digital libraries and repositories, a worldwide vision with enormous political and ideological importance for humanity, in an effort to approach cultures and preserve plurality and diversity, is directly affected by the provisions of Intellectual Property Law and is subject to the consideration of innovation through legislation. Legal issues such as these related to software use, database protection, the collection, digitization, archiving, and distribution of protected works are of outmost importance for the operation and viability of Digital libraries and repositories. In this chapter, the authors focus upon some of these legal issues and consider an alternative proposal in respect of Intellectual Property law for open access to creative works furnished to the public through Digital libraries and repositories. The alternative proposal pertains to the use of the Creative Commons licenses as a legal means to enhance Openness for Digital libraries.

The Digitization of Contents in Digital Libraries

The present chapter deals with the challenges faced by moral rights in the digital environment, especially as they pertain to digital libraries. It starts with an introduction to issues concerning the legal framework of moral rights, clarifying their position internationally. Furthermore, specific issues regarding infringements of moral rights are addressed, namely: content digitization, practice of linking, alterations of the work during the digitization process etc. In short, the necessity of the digitization of the library’s content is elucidated and the societal demand of easy and cheap access to knowledge is presented. The author is of the opinion that moral rights, arising out of the conflict of economical interests, are easier to maintain their legal intensity. Furthermore, in the modern information society, moral rights are prone to an inter-disciplinary approach and thus, they gain intensity in the balance of interest between authors and users. More specifically, moral rights have an intricate interrelationship with social, cultural, economic and philosophical aspects as well as with Fundamental and Human Rights.

Music Libraries

Nowadays, there is a great increase in music distribution over the Internet. This phenomenon is common in many countries and therefore involves many issues such as: ways of distribution, music format, organizing music and copyright issues. The revolution in music prototypes (especially the MP3 music format) urged many people to turn to the Internet for free and easy-to-find music. Music files can be downloaded easily from the Internet anywhere in the world and be burned into a CD or DVD or transferred to a friend via usb-sticks. Music is also widely available as streams in Internet trough various services such as MySpace, YouTube and Spotify. Internet also is full of questions what is legal and what is not, because exchange of files is hard to supervise and the laws between countries also differ. All the legal services are constructed around a digital music library, containing millions of songs. Vast music libraries are easily accessed through Internet from users and serve as the ultimate way to find and listen to the music they desire. In this chapter, some representative popular music libraries are presented. Moreover, the interaction between the user and a music repository or a music store (a web site that sells music over the Internet) is another subject presented in this chapter. In section 1, terms and definitions related to digital music libraries are explained. Section 2 presents some popular music libraries, while section 3 presents some popular Internet music stores. Finally, a special version of a digital music library in streaming format (Internet Radio) is presented in section 4.

Copyright Infringement of Digital Libraries and Private International Law

New technologies, and the digitization of works of intellect in particular, have led to an explosive expansion of transnational litigation, challenging the traditional premises of private international law. This Chapter considers the rules under which European and U.S. courts may assert jurisdiction over cases involving digital libraries: notably copyright claims, but also other IP rights. Initiatives to create a transnational set of rules or principles are also examined.

Digital Libraries and Web Linking

In the digital era knowledge and information are becoming more and more online accessible. In this perspective, libraries have a vital function in respect of copyright protection and accessibility to knowledge. On the one hand, web services are facilitating flow of information and access to knowledge; on the other hand, Internet moots questions regarding copyrights protection. The main purpose of linking is the creation of the World Wide Web as a thesaurus of knowledge and information. Nevertheless, digitization projects on an international level are already experiencing conversely issues, mainly because of copyright. Purpose of this chapter is to discuss some of these issues deriving from the linking, particularly for digital libraries. What is the relation between the scope of digital libraries on the one hand and of copyright on the other one? What is the role of the various stakeholders, i.e. the libraries and the right holders?

The Issue of ‘Orphan’ Works in Digital Libraries

A new category of works creates a number of problems in the world of digital libraries, and not only, and that is, the ‘orphan’ works. Those works of an unknown -or untraceable- author create an uncertainty to the perspective users, who, although they need to use the works and they are willing to obtain a license, they are unable to do so, since they do not know from where to ask it. This chapter will analyze the ‘orphan’ works issue of the digital libraries’ perspective. It will explore not only the controversial term of ‘orphan’ works, but most importantly the controversial situation that the ‘orphan’ works has created. Part one will explain the notion of ‘orphan’ works. Part two will explore why, how and when they entered into the modern copyright world. Part three will look through the problems that originate from ‘orphan’ works: economic, cultural, technical problems and the multi-territorial issue. Next, after analyzing the relevant legal framework for ‘orphan’ works in relation to digital libraries in part four, part five will look into the legal solutions that exist or are proposed to confront this problem. Finally, in the last part (part six) it will be analyzed how the ‘orphan’ works are treated at the European level.

E-Books in Digital Libraries

This chapter will introduce a definition and an analysis of user needs when reading electronic books. The way users interact with e-books is explored in a section on e-reading with an overview of different types of readings and their implications on design. Finally the description of an evaluation initiative aimed at studying e-book usability in context, the Active Reading Track in INEX is provided. Specific attention will be paid to the role e-books play in academia and the studies that look into visibility, popularity and accessibility of electronic titles with students and scholars.

The Audiovisual Works as Digital Library Content

The digital reproduction and transmission of audiovisual works seems to be the next stage of dissemination and commercial exploitation of protected works, following musical works. Additionally, the latest major novelty of the information society is the creation of digital libraries, for profit or not, at national and international level. The inclusion of audiovisual works in digital libraries and their resulting exploitation raise a number of legal issues. This chapter aims to review the economic rights involved in the process of digital exploitation as well as the delimitation of the safeguarding of the moral rights, which the libraries are bound to observe. Such review examines both continental and common law jurisdictions. It does not, however, address issues related to the off-line exploitation of audiovisual works or their further use by the user of the digital library services.

Newspapers and Digital Libraries

This chapter deals with the new digital environment that embraces newspaper content. The notions of newspapers, news, articles, photographs, cartoons and podcasts are considered. The legal notion of the entitlement of creators’ rights in different newspaper contents (journalists, photographers, cartoonists, visual artists), the legal implications due to contractual arrangements and the status of rights in case of an employment contract and in case of a services contract are analyzed from the copyright perspective. The chapter answers the question who owns the electronic rights in the newspapers contents. It considers the exceptions and limitations of copyright, the fair use principle and the three-steps test. Lastly, it deals with the undisputed modern reality of digital libraries with newspaper content and digital libraries of general cultural content and defines the unique characteristics of works included in newspapers. It concludes that, while international and national legislators acknowledge the social request for a more free access to technical and educational materials, copyrights are to be respected.