PART 4

Intellectual Property

Lending of e-books by public libraries
31
1
In section 5(2) of the Public Lending Right Act 1979 (interpretation) for the definition of “lent out” substitute—
“lent out” means made available to a member of the public for use away from library premises for a limited time (including by being communicated by means of electronic transmission to a place other than library premises) and “loan” and “borrowed” are to be read accordingly;
.
2
Section 40A of the Copyright, Designs and Patents Act 1988 (lending of copies by libraries or archives) is amended as follows.
3
After subsection (1) insert—
1ZA
Subsection (1) applies to an e-book or an e-audio-book only if—
a
the book has been lawfully acquired by the library, and
b
the lending is in compliance with any purchase or licensing terms to which the book is subject.
4
In subsection (1A)—
a
for “subsection (1)” substitute “ subsections (1) and (1ZA) ”;
b
after paragraph (a) insert—
aa
“e-audio-book” means an audio-book (as defined in paragraph (a)) in a form enabling lending of the book by electronic transmission,
.
S. 31 in force at 30.6.2018 for E.W.S. by S.I. 2018/690, reg. 2
S. 31 in force at 30.6.2021 for N.I. by S.I. 2021/680, reg. 2