Digital libraries and Copyright: Amendments to the RF Civil Code, enabling book digitization without author consent, under consideration

On December 20 2010 the Council for Codification and Enhancement of Civil Legislation under the President of Russia is to consider “revolutionary” amendments to the Civil Code of the Russian Federation (GK), which will enable all libraries of Russia (over 100 000) to convert any books into digital format without author permission and distribute them within the framework of “interlibrary exchange”. Publishers are concerned about the appearance of a new pirate network and warn that amendments will put an end to the book business.

Amendments to the Civil Code have been worked out by the Research Center of Private Law under the President. Their authors offer to introduce a new version of the Article 1275, which in fact places all libraries beyond the scope of the copyright. They will be entitled to convert books into electronic format without an author’s and a publisher’s consent “in order to preserve them and provide access to users”. Moreover libraries will have a right to share digital copies of books “within the framework of interlibrary exchange”.

According to the Russian Book Union there are over 45 000 libraries operating under the control of the Ministry of Culture, and over 62 000 school and university libraries in Russia. Almost all of them do not possess a right for book digitization without author’s consent (this right is given to only three national libraries). It deals with all Russian and foreign editions, issued less than 70 years ago.

Universities will need to digitize a large amount of literature: in accordance with educational standards, coming into force in 2011, they all will have to provide access to e-library systems (EBS) not less than for 25% of students. However universities will have to conclude contracts with right holders or gain access to third-party EBS.

The whole Russian book market in 2009 as estimated by "Eksmo" publishing house amounted to $2,7 billion. The e-book segment turnover according to J`son & Partners Consulting, did not surpass $1,5 million.

Alexandra Shchepetina, Development Director of the Russian Book Union, reminds that under the law the library may be founded by any “legal entity”, at the same time “there is no clear definition of an interlibrary exchange, its scope has not been strictly established”.

Oleg Bartenev, AST publishing group Financial Director, explains that libraries today purchase up to 10% of all book circulation in Russia, as compared to 40% in the USA. Libraries buy 2% of major publishers’ circulation, and up to 50% of that of “smaller and specialized academic publishing companies”. Oleg Bartenev foresees that with an introduction of amendments libraries’ budget for book purchase by such publishers will be cut down, and the latter “will quickly cease their existence”. He is supported by Boris Pimenov, Director General of the “Akademkniga” publishing company: “Free distribution of our books in electronic format around libraries and universities means to deprive authors of these books of their property”. On December 16 an open letter to the President of Russia in connection with a possible adoption of amendments was signed by the musician Andrei Makarevich, film director Andrei Konchalovsky, writer Daria Dontsova and other cultural workers.