June 14, 2018

The Regulations bring into force s 31 (lending of e-books by public libraries) of the Digital Economy Act 2017 on 30 June 2018 in relation to England and Wales and Scotland only.

This provision amends the definition of “lent out” in the Public Lending Right Act 1979 so that it extends to communication by means of electronic transmission to a place other than library premises. This captures the remote lending of e-books and audio books and results in the extension of the public lending right under the 1979 Act to such remote lending.

This provision also amends the Copyright, Designs and Patents Act 1988, so that copyright in an e-book or e-audio-book (as defined) within the public lending right scheme is not infringed by lending by a public library, provided that the e-book or e-audio-book has been lawfully acquired by the public library and the lending complies with any purchase or licensing terms to which the book is subject. To access the legislation, click here.