5.3.2-1 May a library (‘owning library’) copy a book from its collection or a DVD from another library (‘borrowing library’) based on Art. 24 para. 1bis CopA so that it can include the book or the DVD in its collection to allow it to be borrowed?


No, the institution may only make archive and backup copies pursuant to Art. 24 para. 1bis CopA from its own collection.


  • The borrowing library can request a copy of a book or a DVD from the owning library based on Art. 19 para. 1(c) in conjunction with Art. 19 para. 2 CopA for its in-house professional use; in the process; however, only excerpts from the book or the DVD may be copied (Art. 19 para. 3(c) CopA). A copy of the book may principally not be lent to the library users of the borrowing library.
  • However, the borrowing library can also request an excerpt copy of a work from the owning library for an individual library user.
  • When the book or the DVD, etc. is no longer commercially available (= exhaustible), these works can be copied completely for private use (private use in the personal sphere or for educational purposes or professional use) (Art. 19 para. 3(a) CopA)