1. The term "regulations on the sale and Licenses" in Art. 5 Abs. 3 BUCHST. n of Directive 2001/29 / EC of the European Parliament and of the Council of 22. More 2001 the harmonization of certain aspects of copyright and related rights in the information society is to be understood in the sense, that the right holder and referred to in this provision means, such as a public library, for the covered work a license- must have or use contract closed, in which the conditions for the use of the work are determined by the device.

2. Art. 5 Abs. 3 BUCHST. n in conjunction with Article. 5 Abs. 2 BUCHST. c of the Directive 2001/29 must be interpreted, that it does not preclude a Member State, publicly accessible libraries, covered by these provisions, given the right, to digitize works contained in their collections, if this act of reproduction is required, to provide users these works make it available on dedicated terminals on the premises of these institutions.

3. Art. 5 Abs. 3 BUCHST. n Directive 2001/29 must be interpreted, that he acts not covered such as printing works on paper or storing them on a USB stick, which are made by users on the terminal, covered by this provision in public libraries are specifically set. Such actions can, however, where appropriate, by the national legislation implementing the exceptions and limitations under Article. 5 Abs. 2 BUCHST. be a or b of this Directive allows, provided that the conditions laid down in those provisions requirements are met in a particular case.

JUDGMENT OF THE COURT (Fourth Chamber) from 11. September 2014 C-117/13

"Preliminary ruling - Directive 2001/29 / EC - Copyright and related rights - Exceptions and limitations - Art. 5 Abs. 3 BUCHST. n - use of works and other subject matter for the purposes of research or private study - book, the individual members will be made available to the public in a public library on dedicated terminals - Definition of plant, No, rules concerning selling and licenses apply to the '- law library, to digitize one belonging to their inventory work, to make it on dedicated terminals accessible - making available of the work on dedicated terminals, which allow, print the work on paper or save it to a USB flash drive "

In Case C-117/13

REFERENCE for a preliminary ruling under Article. 267 AEUV, from the Bundesgerichtshof (Germany) by decision of 20. September 2012, referred to the Court 14. March 2013, in the process

Technical University of Darmstadt

against

Eugen Ulmer KG

adopt

THE COURT (Fourth Chamber)

under President of the Chamber L. Bay Larsen, the judge M. Safjan und J. Malenovský Interior A. Prechal (Rapporteur) and K. Jürimäe,

Advocate General: N. Jääskinen,

Chancellor: M. Alekseev, Board of Directors,

regard to the written procedure and further to the hearing on 26. February 2014,

after considering the observations

- The Technical University of Darmstadt, Represented by N. Rough and D. Ettig,

- There Eugen Ulmer KG, Represented by U. Karpenstein and G. Schulze,

- The German Government, represented by T. Henze, J. Kemper und K. Petersen, acting as Agents,

- The Italian Government, represented by G. Palmieri, acting as Agent, assisted by S. A und Fiorentino. Collabolletta, state attorneys,

- The Polish Government, represented by B. Majczyna as agent,

- The Finnish Government, represented by H. Leppo, acting as Agents,

- The European Commission, represented by F. Bulst und J. Samnadda as Agents,

after hearing the Opinion of the Advocate General at the sitting on 5. June 2014

following

Judgment

1 The preliminary ruling concerns the interpretation of Article. 5 Abs. 3 BUCHST. n of Directive 2001/29 / EC of the European Parliament and of the Council of 22. More 2001 the harmonization of certain aspects of copyright and related rights in the information society (ABl. The 167, S. 10).

2 The reference was made in the context of a dispute between the Technical University of Darmstadt (below: TU Darmstadt) and Eugen Ulmer KG (below: Ulmer). At the heart of this dispute is the question, whether the TU Darmstadt a book, which is in its library and stops at the Ulmer publishing rights, could be made publicly available on terminals on the premises of the library.

Legal framework

Unionsrecht

3 Recitals 31, 34, 36, 40, 44, 45 and 51 of Directive 2001/29 have the following:

„(31) An adequate law- and balance of interests between the different categories of rightholders, as well as between the different categories of rightholders and users of protected subject matter are secured. …

…

(34) The Member States should be allowed, Exceptions or restrictions for particular cases, such as educational and scientific purposes, benefit of public institutions such as libraries and archives, for purposes of reporting current events, for quotes, for use by disabled people, for public security uses and for uses in administrative- and provide legal proceedings.

…

(36) Member States may provide for fair compensation for rightholders also in cases, where they the optional provisions on exceptions or limitations, not prescribe such compensation, apply.

…

(40) Member States may an exception or limitation in favor of certain non-profit institutions, such as publicly accessible libraries and equivalent institutions and archives, provide. However, this exception or limitation should be limited to specific covered by the reproduction right special cases ... specific contracts or licenses, benefit of those entities and their purpose for the dissemination of culture in a balanced way, should therefore be supported.

…

(44) When applying the exceptions and limitations referred to in this Directive, the international obligations should be noted. Such exceptions and limitations may not be applied in a way, that the legitimate interests of the rightholder or with the normal exploitation of their works or other subject-matter;. …

(45) In Section 5 Heels 2, 3 and 4 However, the exceptions and limitations should not prevent the definition of contractual relations designed to ensure fair compensation for rightholders, the extent permitted by national law.

…

(51) The ... Member States should promote voluntary measures taken by rightholders, including the conclusion and implementation of agreements between rightholders and other interested parties, promote, which care is taken, that the objectives of certain exceptions or limitations, provided in accordance with this Directive in national legislation, can be achieved. …

4 Art. 2 ("Reproduction right") of Directive 2001/29 certainly:

'Member States shall provide for the exclusive right, the direct or indirect, to allow temporary or permanent reproduction by any means and in any form, in whole or in part, or prohibit:

a) for authors, of their works,

…“

5 Art. 3 ("Communication to the public of works and right of making available other subject-matter") of Directive 2001/29 provides in paragraph. 1 ago:

"Member States shall see, that the authors with the exclusive right, the wired or wireless public of their works, including the making public of their works in such a way, that they are accessible to the public at times and places of their choice, to authorize or prohibit. "

6 Art. 5 ("Exceptions and limitations") of Directive 2001/29 provides in paragraph. 2 ago

"The Member States may, in the following cases, exceptions or limitations to the Article 2 provide planned reproduction right:

a) in respect of reproductions on paper or any similar medium, any kind of photographic technique or by some other process having similar effects, with the exception of sheet music under the condition, that the rightholders receive fair compensation;

b) in respect of reproductions on any medium made by a natural person for private use and not for direct or indirect commercial purposes under the condition, that the rightholders receive fair compensation, bearing in mind, whether technical measures referred to in Article 6 were applied to the work in question or the subject-matter concerned;

c) in terms of specific acts of reproduction by publicly accessible libraries, Educational establishments or museums, or by archives, are not for direct or indirect economic or commercial advantage;

…“

7 Art. 5 Abs. 3 of Directive 2001/29 certainly:

"Member States may grant exemptions or limitations in the following cases referred to in Articles 2 and 3 provide for the rights provided:

…

n) for the use of works and other subject matter, for which no regulations on sales and licenses are valid and in the collections of the bodies referred to in paragraph itself 2 Buchstabe c) are, by her or make available for individual members of the public for purposes of research or private study on dedicated terminals on the premises of such establishments;

…“

8 Art. 5 Abs. 5 of Directive 2001/29 is:

"The in paragraphs 1, 2, 3 and 4 exceptions and restrictions shall only be applied in certain special cases, in which the normal exploitation of the work or other subject-matter is not prejudice the legitimate interests of the right holder are not unduly infringed. "

German law

9 § 52b of the Law on Copyright and Related Rights (Copyright Act) from 9. September 1965 (Gazette. I S. 1273) in the time of the facts of the case as amended (below: Copyright Act) reads as follows:

"Of works of electronic reading places in public libraries, Museums and Archives

Is permitted, published works from the collection of publicly available libraries, Museen oder Archive, which are not for direct or indirect economic or profit, make them available exclusively within the premises of the institution to set up specifically for electronic reading places for research and private study, the extent not contrary to contractual arrangements. It must not be made more copies of a work to set up electronic reading places simultaneously accessible in principle, includes as the existence of the device. For making available adequate remuneration is payable. The claim can only be asserted through a collecting society. "

The main proceedings and the questions referred

10 The TU Darmstadt, a university- and State Library, in which it has set up electronic reading places, where certain works from the library collection for inspection in the public domain.

11 Among these works was in January or February 2009 the at Ulmer, a scientific publishing house in Stuttgart (Germany), published textbook Introduction to Modern History by Winfried Schulze.

12 On the offer of Ulm from 29. January 2009, purchase of their published textbooks as e-books and to use, did not address the TU Darmstadt.

13 The TU Darmstadt said digitized textbook, to provide it to the electronic reading places in their library. A time to this reading places could not copies of the work are called, were as in the library inventory available. The users of the reading desks were completely or partially print the work on paper or stored on a USB stick and take each in this form from the library.

14 The court of Ulm District Court Frankfurt am Main represented in a judgment of 6. March 2011 the view, so that the application of § 52b of the Copyright Act is excluded, would have the right holder and the institution have concluded an agreement for the digital use of the work. It had moreover rejected the application of Ulm, to prohibit the TU Darmstadt, to digitize the textbook issue or to digitize. However, there was a resolution Ulmer instead, to prohibit, can print that users of the library of the TU Darmstadt provided in this electronic reading places from the factory and / or save it on a USB stick and / or take such copies from the library.

15 After the called of the TU Darmstadt with a leap-frog Federal Court arises the first question, whether in terms of article. 5 Abs. 3 BUCHST. n Directive 2001/29 of works and other subject already then 'rules on sale and licenses apply ", if the holder of a specified in this provision means offering the conclusion of license contracts for the use of such works and other subject matter, or whether this provision should be interpreted as meaning, that this was only the case, if the right holder and the device had reached an agreement here on.

16 The Bundesgerichtshof states on this, that, unlike the German version of that provision their English and French versions could be understood in terms of the first interpretation. The scheme and purpose of the Directive 2001/29 could speak for the former interpretation. However, would only receive a pre-agreement reached an application of the ceiling rule, the covered entity would have in hand, refuse a reasonable offer of the right holder, to benefit from the ceiling rule. The right holder would receive then mostly adequate remuneration, However, the is one of the objectives of this Directive.

17 Second, so the Bundesgerichtshof further, the question arises, ob Art. 5 Abs. 3 BUCHST. n Directive 2001/29 should be interpreted as, that he authorize the Member States to, to grant referred to in that provision bodies the right, to digitize is located in their collections works, as far as the enabling or facilitating require such reproduction at its terminals. Everything speak for the relevant powers of the Member States, such an exception or limitation to the reproduction right under Article. 2 provide the Directive, otherwise the effectiveness of Article. 5 Abs. 3 BUCHST. n Directive 2001/29 is not guaranteed. This power may in any case under Article. 5 Abs. 2 BUCHST. c of the Directive are derived.

18 Third, the main dispute raises according to the statements of the Federal Court on the question, whether the Member States in accordance with Article. 5 Abs. 3 BUCHST. n Directive 2001/29 should provide for a limitation, could print the user after a specified therein means of this reproduced on their terminals or made accessible works wholly or partly on paper or stored on a USB stick.

19 Although the print is, Save or Download, as connected to a reproduction of a work, generally not of the restriction on the type. 5 Abs. 3 BUCHST. n Directive 2001/29 covered. However, could such reproduction, which connect to or making available of a work by the body concerned, on the basis of a different restriction, especially the "private copying exception" under Article. 5 Abs. 2 BUCHST. b of Directive 2001/29, be allowed.

20 Also put the objective of Article. 5 Abs. 3 BUCHST. n Directive 2001/29, which consists in, to allow for the purposes of research or private study efficient use of texts, which were played on terminals of a device such as a library or made available, an interpretation of that provision to close, that the printing of a work is permitted on paper from a terminal. For storage on a USB stick, however this does not apply.

21 Finally, by this interpretation of Article. 5 Abs. 3 BUCHST. n Directive 2001/29 also ensured, that the extent of these barriers control the three conditions of Article. 5 Abs. 5 with the Directive. The storage of a work on USB-Stick grab namely intense in the rights of the author as a printout of the work on paper.

22 Under these circumstances, the Bundesgerichtshof decided to stay proceedings and refer the following questions to the Court:

1. Are subject to regulations on the sale and licensing within the meaning of Article. 5 Abs. 3 BUCHST. n Directive 2001/29, if the right holder offers the conclusion of license contracts for the use of works on reasonable terms in the given facilities?

2. Entitled Art. 5 Abs. 3 BUCHST. n Directive 2001/29 Member States, grant the operators the right, to digitize the works contained in their collections, if required, make it accessible to those works on the terminals?

3. Allowed by the Member States pursuant to Article. 5 Abs. 3 BUCHST. n Directive 2001/29 rights provided rich so far, may require users of the terminals to print there made accessible works on paper or save it on a USB stick?

The questions

The first question

23 By its first question, the national court asks, whether in terms of article. 5 Abs. 3 BUCHST. n Directive 2001/29 for a work "rules concerning selling and licenses apply", if the right holder referred to in this provision means a, such as a public library, for this the conclusion of a license- offered or user contract on reasonable terms.

24 With the exception of Ulmer everyone beat, have submitted written observations, the answer to Question ago. They argue essentially for an interpretation of the term "regulations on the sale and Licenses" in Art. 5 Abs. 3 BUCHST. n Directive 2001/29, according to which the right holder and the means for the work in question already has a license- must have or use contract closed, in which the conditions for the use of the work are determined by the device.

25 Ulmer other hand, submits, that an offer of the right holder to a public library to conclude a license- must meet or usage contract as such, if it is "reasonable". Already in this case is an application of Art. 5 Abs. 3 BUCHST. n Directive 2001/29 out.

26 In that regard, first, a comparison of the language versions of Article. 5 Abs. 3 BUCHST. n Directive 2001/29, especially the English, the French, the German and Spanish versions, each of the terms "terms", „conditions“, Contain "control" and "condiciones", that the European Union legislature has used the terms "conditions" or "conditions" in the wording of this provision, referring to actually agreed contract terms and not on mere contract deals.

27 Next, it should be noted, that the restriction on the type. 5 Abs. 3 BUCHST. n Directive 2001/29 to serve the public interest, consisting in the promotion of research or private study by the dissemination of knowledge. This forms the rest, the basic purpose of facilities such as public libraries.

28 The interpretation advocated by Ulmer meant, however,, that the right holder could take a unilateral and ultimately standing in its discretion act of the institution concerned the right, to take this limitation into claim, and hence also the possibility of, to meet their basic purpose and to promote the public interest called.

29 Moreover, it is said in 40. Recital of the Directive 2001/29, that specific contracts and licenses, benefit of those entities and their purpose for the dissemination of culture in a balanced way, should be supported.

30 As the Advocate General in points. 21 and 22 has performed his Opinion, confirm the recitals 45 and 51 this Directive, even in its German version, that especially in the context of in kind. 5 Abs. 3 of Directive 2001/29 listed exceptions and limitations to any actual contractual relations and the conclusion and implementation of actually existing contractual agreements is parked, and not on mere contract- or licensing deals.

31 Incidentally, the view expressed by Ulmer interpretation can hardly be for the purpose of Article. 5 Abs. 3 BUCHST. n Directive 2001/29 agree, consisting in, an appropriate law- to secure and balance the interests of the right holders on the one hand and those of users of protected works on the other hand, the individual for the purposes of research or private study members of the public wish to make publicly available these works.

32 If you already have the offer to conclude a license- or use of contract sufficient, to the application of Article. 5 Abs. 3 BUCHST. n Directive 2001/29 exclude, would this restriction also taken a large part of its factual content and even its effectiveness in the way of such an interpretation, because the restriction in this interpretation, as presented by Ulmer, would only apply to the increasingly rare works, for on the market no electronic version, Production: as E-Book, is offered.

33 Finally, an interpretation can be, after which it must be to actually agreed contract conditions, Contrary to the arguments of Ulmer not even have the hint of the hand, that they compared the three conditions of Article. 5 Abs. 5 of Directive 2001/29 contrary.

34 For this purpose, it is sufficient, that the way in. 5 Abs. 3 BUCHST. n Directive 2001/29 normalized restriction includes multiple-limiting constituent elements, the even, if the application of this provision is excluded only in the case actually agreed contract terms, provide assurance, that this application further relates to special cases, where not interfere with the normal exploitation of works and the legitimate interests of the rightholder not unreasonably prejudice.

35 Consequently, the answer to the first question, that the term "regulations on the sale and Licenses" in Art. 5 Abs. 3 BUCHST. n Directive 2001/29 is to be understood in the sense, that the right holder and referred to in this provision means, such as a public library, for the covered work a license- must have or use contract closed, in which the conditions for the use of the work are determined by the device.

The second question

36 By its second question, the national court asks, ob Art. 5 Abs. 3 BUCHST. n Directive 2001/29 precludes a Member State, publicly accessible libraries, covered by this provision, given the right, to digitize works contained in their collections, if this act of reproduction is required, to provide users these works make it available on dedicated terminals on the premises of these institutions.

37 First, it should be noted, that the digitization of a work, as it essentially consists of, convert it from analog to digital format, unquestionably constitutes an act of reproduction of the work.

38 This raises the question, ob Art. 5 Abs. 3 BUCHST. n Directive 2001/29 allows Member States, give public libraries this reproduction right, obwohl not Art. 2 this Directive to authors the exclusive right, authorizing the reproduction of their works or to prohibit.

39 It should first be noted, that under Article. 5 Abs. 3 Set 1 of Directive 2001/29 the measures provided for in this paragraph exceptions and limitations referred to in Articles. 2 and 3 this Directive provided rights and thus relate both to the exclusive reproduction right of the rightholder and to the right of public performance of the work.

40 Art. 5 Abs. 3 BUCHST. n Directive 2001/29 However, limited use of works within the meaning of that provision to its "enabling or facilitating" and thus acts, the public only from the exclusive rights of reproduction under Article. 3 the Directive are recorded.

41 Next, it should be noted, that it is a "story of 'within the meaning of Article. 3 Abs. 1 of Directive 2001/29 especially sufficient, if those works available in the way of a public, that to have their members access, without that it matters, whether they use this opportunity or not (Judgment Svensson u. a., C‑466/12, I:C:2014:76, Rn. 19).

42 It follows, that in cases, in which under way. 5 Abs. 3 BUCHST. n Directive 2001/29 granted falling body such as a public library in circumstances such as those in the present access to a located in their collection work of a "public", d. h. all members of the public, use in the institution's premises for the purposes of research or private study dedicated terminals, this as "making available" and therefore as "action play" within the meaning of Article. 3 Abs. 1 this Directive is to be classified (vgl. and to that effect, Svensson. a., I:C:2014:76, Rn. 20).

43 This right to reproduce works, the kind in the. 5 Abs. 3 BUCHST. n Directive 2001/29 entitled listed facilities such as public libraries in the factual limits of this provision, danger of losing much of its factual content and even its effectiveness, such bodies possess no accessory right to digitize the works concerned.

44 Such a right is the listed facilities in Art. 5 Abs. 2 BUCHST. c of the Directive 2001/29 given in terms of "specific acts of reproduction".

45 This definiteness requirement is to be understood in the sense, that covered entities must not digitize all of their collections in the rule.

46 In contrast, this requirement is generally ensures, when the digitization of certain works of a collection is required "for the use of their ... or make available for individual members of the public for purposes of research or private study on dedicated terminals", as type. 5 Abs. 3 BUCHST. n Directive 2001/29 provides.

47 Moreover, the scope of this accessory law requires to digitize the precise delimitation by an interpretation of Article. 5 Abs. 2 BUCHST. c of the Directive 2001/29 in light of the nature. 5 Abs. 5, which this restriction may be applied in certain special cases, in which the normal exploitation of the work or other subject-matter is not prejudice the legitimate interests of the right holder are not unreasonably prejudice. However, it is by nature. 5 Abs. 5 of Directive 2001/29 the range of the in kind. 5 Abs. 2 of that Directive to the exceptions and limitations should not be extended (vgl. to that effect Infopaq International, C‑5/08, I:C:2009:465, Rn. 58, und ACI Adam u. a., C‑435/12, I:C:2014:254, Rn. 26).

48 In the present case, it should be noted, that the conditions of Article. 5 Abs. 5 of Directive 2001/29 are adequately taken into account in the framework of applicable national law. Because of § 52b of the Copyright Act's first show, that the digitization of works should not lead by publicly accessible libraries, that are available to users on the specifically designed terminals more copies of a work available, have been acquired as these libraries in analog format. Second, no compensation obligation under this provision of national law for the digitization of the work as such were provided for, but for its subsequent accessible in digital format to be paid on the specially equipped terminals equitable remuneration.

49 Consequently, the answer to the second question, dass Art. 5 Abs. 3 BUCHST. n in conjunction with Article. 5 Abs. 2 BUCHST. c of the Directive 2001/29 must be interpreted, that it does not preclude a Member State, publicly accessible libraries, covered by these provisions, given the right, to digitize works contained in their collections, if this act of reproduction is required, to provide users these works make it available on dedicated terminals on the premises of these institutions.

The third question

50 By its third question, the national court asks, ob Art. 5 Abs. 3 BUCHST. n Directive 2001/29 precludes a Member State, publicly accessible libraries, covered by this provision, given the right, users make works accessible on dedicated terminals, which enable the printing of works on paper or storing them on a USB stick.

51 As seen from the marginal. 40 and 42 of this judgment, captures the restriction on the type. 5 Abs. 3 BUCHST. n Directive 2001/29 basically only certain acts of reproduction, normally from the exclusive right of the copyright owner under Article. 3 the Directive are recorded. These are those actions, do with them the bodies in question a work of individual members of the public for purposes of research or private study on dedicated terminals on their premises accessible.

52 Actions such as printing of a work on paper or saving to a USB drive, however, are, even if they are enabled by certain features, with which the specially equipped terminals are equipped, on which the work can be viewed, not disputed actions of "Play" in the sense of Article. 3 of Directive 2001/29, but the "duplication" in the sense of its kind. 2.

53 It is namely the creation of a new analog or digital copy of the digital copy of the work, the users set up by one of the bodies in question on specially terminals will be made available.

54 These acts of reproduction can, unlike certain acts of digitization of a work, not due to a kind of. 5 Abs. 2 BUCHST. c in conjunction with Article. 5 Abs. 3 BUCHST. n Directive 2001/29 derived accessory law be permitted, because they are not required, to make this work accessible to users in accordance with the provisions set out in these conditions at dedicated terminals. These actions can not therefore by nature. 5 Abs. 3 BUCHST. n Directive 2001/29 be allowed, because they not mentioned in that provision facilities, but be made in the premises by the users of there specially equipped terminals.

55 However, such acts of reproduction in analog or digital format can optionally be substituted by the national legislation implementing the exceptions and limitations to the type. 5 Abs. 2 BUCHST. a or b of Directive 2001/29 be allowed, provided that in each case the normalized in these provisions with, in particular the principle of fair compensation for the rightholders, are met.

56 Moreover, such acts of reproduction must the requirements of Article. 5 Abs. 5 of Directive 2001/29 comply with. Consequently, the scope of the duplicated texts must not prejudice the legitimate interests of the copyright owner unduly particular.

57 Consequently, the answer to the third question, dass Art. 5 Abs. 3 BUCHST. n Directive 2001/29 must be interpreted, that he acts not covered such as printing works on paper or storing them on a USB stick, which are made by users on the terminal, covered by this provision in public libraries are specifically set. Such actions can, however, where appropriate, by the national legislation implementing the exceptions and limitations under Article. 5 Abs. 2 BUCHST. be a or b of this Directive allows, provided that the conditions laid down in those provisions requirements are met in a particular case.

Costs

58 The parties to the main proceedings, a step in the action pending before the national court; the decision on costs is a matter for that court. The costs incurred by the other party for submitting observations to the Court, are not recoverable.

On those grounds, the Court (Fourth Chamber) hereby:

1. The term "regulations on the sale and Licenses" in Art. 5 Abs. 3 BUCHST. n of Directive 2001/29 / EC of the European Parliament and of the Council of 22. More 2001 the harmonization of certain aspects of copyright and related rights in the information society is to be understood in the sense, that the right holder and referred to in this provision means, such as a public library, for the covered work a license- must have or use contract closed, in which the conditions for the use of the work are determined by the device.

2. Art. 5 Abs. 3 BUCHST. n in conjunction with Article. 5 Abs. 2 BUCHST. c of the Directive 2001/29 must be interpreted, that it does not preclude a Member State, publicly accessible libraries, covered by these provisions, given the right, to digitize works contained in their collections, if this act of reproduction is required, to provide users these works make it available on dedicated terminals on the premises of these institutions.

3. Art. 5 Abs. 3 BUCHST. n Directive 2001/29 must be interpreted, that he acts not covered such as printing works on paper or storing them on a USB stick, which are made by users on the terminal, covered by this provision in public libraries are specifically set. Such actions can, however, where appropriate, by the national legislation implementing the exceptions and limitations under Article. 5 Abs. 2 BUCHST. be a or b of this Directive allows, provided that the conditions laid down in those provisions requirements are met in a particular case.