Stichting Leenrecht and the issue of "e-lending" - seen from the viewpoint of the question of "online exhaustion"
2018-07-11
2018-07-11
The paper analyses the Advocate General’s opinion presented in the Stichting Leenrecht case (Case-174/15), inter alia, in the light of the UsedSoft and Allposters cases ( Case C-128/2011 and Case C-419/13 ). On the bases of the analysis it seems that the AG’s legal arguments – on the basis of which he suggests that what is called „e-lending” is covered by the provisions of the Rental, Lending and Related Rights Directive on lending – are badly founded. As regards the AG’s legal-political arguments stressing the importance of library services, it is pointed out that, although they are valid, also a number of other public and private interests should be taken into account to consider whether or not there may be a need for legislative intervention concerning the complex issue and, if it may be the case, in which way.