The dynamic interpretation of lending right in VOB

The judgment of the CJEU in VOB (C-174/15), extending the EU legislative framework for lending of books to digital forms of lending, offers an interesting case study of the use of the “dynamic interpretation” technique in adapting the law to socio-economic and technological changes. VOB is presented as a key precedent for the recognition of the inherent flexibilities of EU copyright law through judicial interpretation. The future guiding value of the judgment needs, however, to be critically assessed. The article does so by exploring the reasoning adopted by the Court and its interpretative technique and analyzing the conditions affording the Court the necessary flexibility to extend the scope of the Lending Directive to eLending. A comparison is drawn with other related CJEU cases. In conclusion, the article highlights the role of international harmonization as an obstacle to copyright flexibilities – and the margin of appreciation exercised by CJEU when transposing these “rigidities” into EU copyright law.