Can a library digitize materials that are available in physical form?

Yes. In accordance with the third paragraph of Article 50 of the Copyright and Related Rights Act, libraries may freely reproduce a work on any medium for their own needs, provided that the reproduction is made from a copy that is lawfully in their possession and is not carried out for commercial purposes. Reproduction is permitted in a maximum of three copies. However, reproduction is not permitted for an entire book, sheet music, electronic databases, computer programs and architectural works in the form of a structure. An exception applies when a book has been out of print for at least two years, or in the case of manual transcription of sheet music.

Pursuant to Article 57d of the Copyright and Related Rights Act, libraries may freely reproduce works permanently held in their collections for the purpose of preserving cultural heritage. This includes reproduction to address technological obsolescence, deterioration of the original medium, or to safeguard works and other protected materials. Reproduction for preservation purposes may be made in any format or medium, and to the extent necessary for such preservation. Unlike reproduction for private or personal use, this exception also permits reproduction of an entire book.

According to Article 49b of the Copyright and Related Rights Act, libraries may also communicate works to the public from their collections for research or individual study, via dedicated terminals located on their premises, unless otherwise provided in a contract governing the transfer of economic rights (e.g. a license or sales agreement). However, libraries are not permitted to digitize and make available their entire collections under this exceptions.