(i)SDL Insight Digital Lending pathways in Italy, Poland and Spain - Report for Spain

The (i)SDL Insight project, promoted by Knowledge Rights 21 and coordinated by Deborah De Angelis (KR21 Italy Coordinator), with the participation of  DDA Law Firm, CLAKP (CNR – IGSG, Italy), Centrum Cyfrowe (Poland), and Fesabid (Spain).

The project explores the status and barriers of Independent Secure Digital Lending (i)SDL across Italy, Poland, and Spain. Through a structured comparative survey, the project identifies the systemic factors that limit the implementation of (i)SDL services and outlines the necessary steps to unlock their potential within European library systems.

The (independent) Secure Digital Lending (iSDL) is e-lending based on paper books digitised by libraries, with some protection measures adopted to prevent non-legitimate uses (for instance, measures to limit the lending time, to prevent downloading, etc., often called DRM - Digital Rights Management Systems).

Digital transformation has significantly reshaped how libraries provide access to knowledge and cultural resources. Within this evolving landscape, Independent Secure Digital Lending (i)SDL has emerged as a pivotal model, allowing libraries to digitise and lend physical works under secure conditions and thus extending their public mission into the digital realm. The (i)SDL Insight project aimed to map the current state of iSDL implementation in Italy, Poland, and Spain, examining the legal, technological, and operational barriers that constrain its adoption and exploring future development opportunities.

In this context, the Judgment of the Court of Justice of the European Union of 10 November 2016, C-174/15 on e-lending by libraries in the EU is relevant. The Court ruled that digital lending can fall under the public lending exception in EU law, provided it follows a "one copy, one user" model, aligning with Directive 2006/115/EC. According to the order, for e-lending to be lawful, libraries must hold a legitimate digital copy. The Court did not address whether libraries can digitise their books under EU exceptions, though the Advocate General supported this possibility. Overall, traditional interpretations hinder widespread adoption of e-lending across the EU.

(i)SDL is designed to balance the rights of authors and publishers with the fundamental public mission of libraries. By creating a secure, legal, and technologically robust environment for digital lending, (i)SDL has the potential to transform library services and ensure that they remain inclusive and relevant.