100. Deutscher Bibliothekartag in Berlin 2011
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Reality overtakes the law. This is especially true for areas dominated by technology, like e.g. the Internet. Libraries are acting both in the analog and the digital world, and in both worlds they find rights and duties. The Internet is not above the law: Maybe on the contrary: Legal offences on the Internet have even more significant legal consequences than misdoings concerning printed literature. At the same time, libraries are faced with legal uncertainty because it is not the legislatorĀ“s business to provide explicit rules for every individual case. The interpretation of laws is reserved for the practitioners and the courts. Especially in areas that are continually changing, we notice a regulatory deficit: In many cases, there is no high court decision to help the practitioner. Nor is it possible to make more clear forecasts of future court rulings. How should libraries handle this problem ? How big is the risk of infringement ? The presentation is enriched with examples from copyright, data protection and liability.