حق الإعارة العمومية من التقليدي إلى الإلكتروني : حماية لحق المؤلف أم تقييد لحق المستفيد

الملخص EN

This research aims to study the public lending right (PLR) and its impact on libraries and their beneficiaries and on author’s right.

it is by its traditional nature in libraries that it encountered several objections and its development to the electronic one exacerbated the discussion about its legitimacy and its applicability in all countries.

using the descriptive analytical method, this paper includes a scientific analysis and a detailed description of the evolution of this right to the electronic one, with an analysis of the reasons for its adoption or reluctance, while showing the most important global models.

in this regard, an analysis of the totality of laws and opinions on the right of public lending between supporters and private opponents was used, especially that the printed and electronic book differ radically, as well as the difference between traditional and electronic lending in libraries.

the following results have been reached : the right of traditional lending is completely different from its electronic counterpart, despite their relationship to book lending.

most libraries in the world and international bodies consider the right of public lending an explicit restriction of the right of the beneficiary and an infringement on his freedom, but authors and publishers in particular consider it one of the important rights that compensate loss due to free lending of their works in libraries.