Independent Secure Digital Lending (iSDL): The European Path Toward E-lending in Libraries

Abstract

In today’s world, where digital access shapes the boundaries of learning, research, and civic participation, European libraries
face significant legal and technical challenges in offering electronic book lending. While the shift from print to digital formats is
progressing rapidly across many fields, libraries—long regarded as custodians of knowledge and champions of equitable access—are increasingly constrained by a complex and often restrictive legal framework governing e-lending.
A proposed solution to the legal challenges of e-lending within the European Union is the independent Secure Digital Lending (iSDL) model. At its core lies a clear legal and ethical premise: libraries should not be sidelined in the digital transition by outdated or overly restrictive interpretations of copyright law. On the contrary, they should be empowered to digitise lawfully acquired print books and make them available in digital form within a controlled and secure system. This approach enables libraries to preserve the continuity of their public mission in the digital age while safeguarding users’ fundamental rights to culture, education, information, and privacy.
The iSDL concept is based on the digitisation of physical copies held by a library and their temporary digital lending under the “one copy – one user” principle. The legal foundation of this model is rooted in European Union law, particularly in the case law of the Court of Justice of the European Union (CJEU), including Vereniging Openbare Bibliotheken (C-174/15) and Technische Universität Darmstadt (C-117/13). It is also supported by relevant EU directives, most notably the Rental and Lending Directive (2006/115/EC) and the Information Society Directive (2001/29/EC, the so-called InfoSoc Directive). his article presents the findings of a study examining the compatibility of the iSDL model with legal frameworks at the international, European, and national levels. The analysis, set out in eBOOKS AND SECURE DIGITAL LENDING IN EUROPEAN LIBRARIES. Comparative Analysis under National and International Law (hereinafter: the Report)1, shows that although most European countries do not have explicit provisions regulating e-lending, there are nevertheless legal foundations that enable the implementation of the (i)SDL model in certain jurisdictions.