(i)SDL Insight: Digital Lending Pathways in Italy, Poland, and Spain

(i)SDL Insight: Digital Lending Pathways in Italy, Poland, and Spain Guest blog post by Deborah De Angelis Introduction Digital transformation has significantly reshaped how libraries provide access to knowledge and cultural resources. Within this evolving landscape, ( independent) Secure Digital Lending (i)SDL has emerged as a high-potential model, allowing libraries to digitise and lend physical works under secure conditions and thus extending their public mission into the digital realm. The (i)SDL Insight project aimed to map the current state of iSDL implementation in Italy, Poland, and Spain, examining the legal, technological, and operational barriers that constrain its adoption and exploring future development opportunities. Explore the full report and individual country studies. In this context, the Judgment of the Court of Justice of the European Union (CJEU) of 10 November 2016, C-174/15 on e-lending by libraries in the EU is a turning point. The Court ruled that digital lending can fall under the public lending exception in EU law, provided it follows a “one copy, one user” model, aligning with the EU Rental and Lending Directive ( 2006/115/EC ). According to the decision, for e-lending to be lawful, libraries must hold a legitimate digital copy. The Court did not address whether libraries can digitise their books under EU exceptions, though the Advocate General supported this possibility. Yet a failure to update national law in response, and more traditionalist practices in general, have hindered widespread adoption of e-lending across the EU. The concept and features of (i)SDL have been further elaborated in the report eBooks and Secure Digital Lending in European Libraries, published by Knowledge Rights 21. According to this report, e-lending within the (i)SDL framework is characterised by several key features. First, loans must be carried out by clearly defined institutions, such as libraries, that are open to the public and do not derive any direct or indirect economic or commercial advantage from lending activities. Second, the lending itself involves a digital copy of a book, and this is provided under the “one copy, one user” principle , ensuring that each digital loan mirrors the limitations of physical lending. Moreover, the lending process can take place in two different ways: a mimetic approach , where users are able to download an electronic copy, or a quasi-mimetic approach , where users access the work through streaming. Importantly, lending is always for a limited period , after which the user can no longer access the e-book. Another critical feature is that libraries must hold a digital copy from a lawful source , although they are permitted to digitise a legally acquired print copy for this purpose. Under this model, e-lending also generates a right to remuneration (Public Lending Right, PLR) in accordance with the EU Rental and Lending Directive. Finally, the model ensures that no data, including personal data of library users, is transferred to publishers or third parties , protecting user privacy and institutional independence. (i)SDL is designed to balance the rights of authors and publishers with the fundamental public mission of...

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