Protecting Exceptions Against Contract Override: A Review of Provisions for Libraries

Abstract

A major advance in recent European copyright reform has been the inclusion of ‘contract override’ provisions for many new copyright exceptions. These provisions address a longstanding issue: under the principle of freedom of contract, libraries often face restrictions that limit access to and use of works, even when such uses are permitted by law.

In practice, this means that once a contract is signed, often without negotiation, libraries must comply with terms that may prohibit essential activities such as preservation, document supply, or research copying. This undermines the public interest goals of copyright exceptions and imposes significant administrative burdens, as libraries must review each contract individually.

Recognizing these challenges, several countries have taken steps to ensure that contract terms cannot override statutory exceptions. By declaring such restrictive terms unenforceable, they affirm the primacy of public interest and simplify compliance for libraries and other users.

The latest report from IFLA surveys these legislative approaches, offering a comparative overview and concrete examples from national laws that safeguard user rights against contract override.