The document delivery service of ETH Zurich (scanning individual articles and sending them by email to the users) is covered by the exception for private use (Art. 19 CopA), as a person entitled to make copies of a work for private use (Art. 19 al. 1 CopA) may also have them made by libraries and sent by email (Art. 19 al. 2 CopA). Such a service is not in direct competition with the publishers’ services (publishers’ pay-platform), as the library may merely scan individual articles on request, but shall not provide an entire online database. This reverses the decision of the Zurich Commercial Court of 7 April 2014.
A full summary of this case has been published on Kluwer IP Law
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