Copyright Protection in the Digital Environment and Its Implications for Libraries and Information Centers in Libya: A Comparative Analytical Study with International Conventions and IFLA Principles

Abstract

This study provides a comprehensive analytical assessment of copyright protection within the digital environment in Libya, evaluating its practical and legislative adequacy in light of international and regional standards, specifically focusing on its profound implications for libraries and information centers. The research addresses a major legislative gap arising from the fact that Libya’s primary copyright law (Law No. 9 of 1968) predates the digital era, while subsequent legislative intervention through the Cybercrime Law (Law No. 5 of 2022) primarily targeted criminal enforcement rather than establishing substantive digital rights, exceptions, or library provisions. Utilizing a descriptive, analytical, and comparative methodology, the study compares Libyan legislation against international treaties—such as the Berne Convention, the TRIPS Agreement, and the WIPO Copyright Treaty (WCT)—as well as the 2008 Arab Model Law and IFLA’s professional principles. The findings reveal critical legal vulnerabilities, most notably a protection term that potentially conflicts with the Berne Convention, the complete absence of explicit digital availability rights, technological protection measure regulations, and statutory exceptions for libraries. Consequently, core modern library functions—such as the digitization of academic theses, institutional digital repositories, digital interlibrary loans, and open access initiatives—operate without a clear legislative framework. The study concludes with practical legislative, institutional, and professional recommendations, highlighting the 2008 Arab Model Law and IFLA principles as viable benchmarks for upcoming legal reforms in Libya.