Private Copying
This book offers an original analysis of private copying and determines its actual scope as an area of end-user freedom. The basis of this examination is Article 5(2)(b) of the Copyright Directive. Despite the fact that copying for private and non-commercial use is permitted by virtue of this articl...
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| Format: | E-Book Buch |
| Sprache: | Englisch |
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Abingdon, Oxon
Routledge
2012
Taylor and Francis Taylor & Francis Group |
| Ausgabe: | 1 |
| Schriftenreihe: | Routledge Research in Intellectual Property |
| Schlagworte: | |
| ISBN: | 1138016837, 0415674727, 9780415674720, 9781138016835 |
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| Abstract | This book offers an original analysis of private copying and determines its actual scope as an area of end-user freedom. The basis of this examination is Article 5(2)(b) of the Copyright Directive. Despite the fact that copying for private and non-commercial use is permitted by virtue of this article and the national laws that implemented it, there is no mandate that this privilege should not be technologically or contractually restricted. Because the legal nature of private copying is not settled, users may consider that they have a 'right' to private copying, whereas rightholders are in position to prohibit the exercise of this 'right'. With digital technology and the internet, this tension has become prominent: the conceptual contours of permissible private copying, namely the private and non-commercial character of the use, do not translate well, and tend to be less clear in the digital context.
With the permissible limits of private copying being contested and without clarity as to the legal nature of the private coping limitation, the scope of user freedom is being challenged. Private use, however, has always remained free in copyright law. Not only is it synonymous with user autonomy via the exhaustion doctrine, but it also finds protection under privacy considerations which come into play at the stage of copyright enforcement. The author of this book argues that the rationale for a private copying limitation remains unaltered in the digital world and maintains there is nothing to prevent national judges from interpreting the legal nature of private copying as a 'sacred' privilege that can be enforced against possible restrictions.
Private Copying will be of particular interest to academics, students and practitioners of intellectual property law. |
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| AbstractList | This book offers an original analysis of private copying and determines its actual scope as an area of end-user freedom. The basis of this examination is Article 5(2)(b) of the Copyright Directive. Despite the fact that copying for private and non-commercial use is permitted by virtue of this article and the national laws that implemented it, there is no mandate that this privilege should not be technologically or contractually restricted. Because the legal nature of private copying is not settled, users may consider that they have a 'right' to private copying, whereas rightholders are in position to prohibit the exercise of this 'right'. With digital technology and the internet, this tension has become prominent: the conceptual contours of permissible private copying, namely the private and non-commercial character of the use, do not translate well, and tend to be less clear in the digital context.
With the permissible limits of private copying being contested and without clarity as to the legal nature of the private coping limitation, the scope of user freedom is being challenged. Private use, however, has always remained free in copyright law. Not only is it synonymous with user autonomy via the exhaustion doctrine, but it also finds protection under privacy considerations which come into play at the stage of copyright enforcement. The author of this book argues that the rationale for a private copying limitation remains unaltered in the digital world and maintains there is nothing to prevent national judges from interpreting the legal nature of private copying as a 'sacred' privilege that can be enforced against possible restrictions.
Private Copying will be of particular interest to academics, students and practitioners of intellectual property law. This book offers an original analysis of private copying and determines its actual scope as an area of end-user freedom. The basis of this examination is Article 5(2)(b) of the Copyright Directive. Despite the fact that copying for private and non-commercial use is permitted by virtue of this article and the national laws that implemented it, there is no mandate that this privilege should not be technologically or contractually restricted. Because the legal nature of private copying is not settled, users may consider that they have a ‘right’ to private copying, whereas rightholders are in position to prohibit the exercise of this ‘right’. With digital technology and the internet, this tension has become prominent: the conceptual contours of permissible private copying, namely the private and non-commercial character of the use, do not translate well, and tend to be less clear in the digital context. With the permissible limits of private copying being contested and without clarity as to the legal nature of the private coping limitation, the scope of user freedom is being challenged. Private use, however, has always remained free in copyright law. Not only is it synonymous with user autonomy via the exhaustion doctrine, but it also finds protection under privacy considerations which come into play at the stage of copyright enforcement. The author of this book argues that the rationale for a private copying limitation remains unaltered in the digital world and maintains there is nothing to prevent national judges from interpreting the legal nature of private copying as a ‘sacred’ privilege that can be enforced against possible restrictions. Private Copying will be of particular interest to academics, students and practitioners of intellectual property law. 1. Legal Nature and Rationale 2. The Permitted Activities 3. Defining 'Private' 4. Defining 'Non-Commercial' 5.Fitting private copying into the three-step test 6. Levies on Private Copying 7. Technological Restrictions on Private Copying 8. Contractual Constraints on Private Copying 9. Conclusion "Dr Karapapa’s Private Copying is a timely publication which emerged from the author’s PhD thesis. [...] the book provides a thoughtful and engaging analysis of the various issues surrounding this copyright exception or limitation." Eleonora Rosati , European Intellectual Property Review "Private Copying, with its original, purely European approach, constitutes a valuable contribution to a pan-European discussion on the topic of private copying for various reasons. First, it is a rich source of references to national regulations and case law. Moreover, one of the main advantages of this book is that it offers a thorough academic analysis of the topic in a concise and easy-to-read fashion. In addition, the presentation of the topic remains attached to real-life problems related to private copying" Theodoros Chiou, International Review of Intellectual Property and Competition Law " Private Copying provides a brilliant analysis of the unresolved discourse, […] The author offers a fresh perspective to the debate over private copying in light of the advent of digital copying and online dissemination methods" Gaetano Dimita, Queen Mary Journal of Intellectual Property Stavroula Karapapa (LLB, LLM, PhD) is lecturer in intellectual property law at Brunel University and practicing Barrister at the Athens Bar, specialising in Intellectual Property and Internet law. Her chief research interests focus on the intersection of law and technology. The scope and legitimacy of private copying is one of the most highly contested issues in digital copyright. This book offers an original analysis of private copying and determines the actual scope of private copying as an area of end-user freedom in the digital world. In particular, it examines the permissibility of digital private copying with a view to clarify the legal uncertainty as to its scope. This book offers an original analysis of private copying and determines its actual scope as an area of end-user freedom. The basis of this examination is Article 5(2)(b) of the Copyright Directive. Despite the fact that copying for private and non-commercial use is permitted by virtue of this article and the national laws that implemented it, there is no mandate that this privilege should not be technologically or contractually restricted. Because the legal nature of private copying is not settled, users may consider that they have a 'right' to private copying, whereas rightholders are in position to prohibit the exercise of this 'right'. With digital technology and the internet, this tension has become prominent: the conceptual contours of permissible private copying, namely the private and non-commercial character of the use, do not translate well, and tend to be less clear in the digital context. With the permissible limits of private copying being contested and without clarity as to the legal nature of the private coping limitation, the scope of user freedom is being challenged. Private use, however, has always remained free in copyright law. Not only is it synonymous with user autonomy via the exhaustion doctrine, but it also finds protection under privacy considerations which come into play at the stage of copyright enforcement. The author of this book argues that the rationale for a private copying limitation remains unaltered in the digital world and maintains there is nothing to prevent national judges from interpreting the legal nature of private copying as a 'sacred' privilege that can be enforced against possible restrictions. Private copying will be of particular interest to academics, students and practitioners of intellectual property law. Summary reprinted by permission of Routledge This book offers an original analysis of private copying and determines its actual scope as an area of end-user freedom. The basis of this examination is Article 5(2)(b) of the Copyright Directive. Despite the fact that copying for private and non-commercial use is permitted by virtue of this article and the national laws that implemented it, there is no mandate that this privilege should not be technologically or contractually restricted. Because the legal nature of private copying is not settled, users may consider that they have a 'right' to private copying, whereas rightholders are in position to prohibit the exercise of this 'right'. With digital technology and the internet, this tension has become prominent: the conceptual contours of permissible private copying, namely the private and non-commercial character of the use, do not translate well, and tend to be less clear in the digital context. With the permissible limits of private copying being contested and without clarity as to the legal nature of the private coping limitation, the scope of user freedom is being challenged. Private use, however, has always remained free in copyright law. Not only is it synonymous with user autonomy via the exhaustion doctrine, but it also finds protection under privacy considerations which come into play at the stage of copyright enforcement. The author of this book argues that the rationale for a private copying limitation remains unaltered in the digital world and maintains there is nothing to prevent national judges from interpreting the legal nature of private copying as a 'sacred' privilege that can be enforced against possible restrictions. Private Copying will be of particular interest to academics, students and practitioners of intellectual property law. This book offers an original analysis of private copying and determines its actual scope as an area of end-user freedom. The basis of this examination is Article 5(2)(b) of the Copyright Directive. Despite the fact that copying for private and non-commercial use is permitted by virtue of this article and the national laws that implemented it, there is no mandate that this privilege should not be technologically or contractually restricted. Because the legal nature of private copying is not settled, users may consider that they have a 'right' to private copying, whereas rightholders are in position to prohibit the exercise of this 'right'. With digital technology and the internet, this tension has become prominent: the conceptual contours of permissible private copying, namely the private and non-commercial character of the use, do not translate well, and tend to be less clear in the digital context. With the permissible limits of private copying being contested and without clarity as to the legal nature of the private coping limitation, the scope of user freedom is being challenged. Private use, however, has always remained free in copyright law. Not only is it synonymous with user autonomy via the exhaustion doctrine, but it also finds protection under privacy considerations which come into play at the stage of copyright enforcement. The author of this book argues that the rationale for a private copying limitation remains unaltered in the digital world and maintains there is nothing to prevent national judges from interpreting the legal nature of private copying as a 'sacred' privilege that can be enforced against possible restrictions. Private Copying will be of particular interest to academics, students and practitioners of intellectual property law. |
| Author | Karapapa, Stavroula |
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| Copyright | 2012 Stavroula Karapapa |
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| Keywords | limitation WIPO Copyright Treaty copyright Contributory Copyright Infringement Exhaustion Doctrine Levy Schemes protection Source Copy tribunal content Copyright Content Copyright Limitations Fair Compensation Taxi Clientele measures act Tribunal De Grande Instance Trip Agreement BGE Digital Private Copying ECR I-11519 Sociedad General De Autores Private Copying grande Copyright Exceptions directive Technological Protection Measures WIPO Treaty Contractual Restrictions Copyright Protective Technologies Effective Technological Measures Copyright Directive technological Unreasonable Prejudice Private Copying Levies |
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| Notes | Includes index Bibliography: p. [186]-212 SourceType-Books-1 ObjectType-Book-1 content type line 7 |
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| Snippet | This book offers an original analysis of private copying and determines its actual scope as an area of end-user freedom. The basis of this examination is... The scope and legitimacy of private copying is one of the most highly contested issues in digital copyright. This book offers an original analysis of private... |
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| SubjectTerms | Copying Copying -- Fair use (Copyright) -- European Union countries Copyright Copyright and electronic data processing Copyright and electronic data processing -- European Union countries Digital technology European (EC) Law European Union countries Information Technology Law Intellectual Property Law Intellectual property rights Law Private copying Research and development |
| TableOfContents | Cover -- Title -- Copyright -- Contents -- Acknowledgements -- Abbreviations -- Table of cases -- Table of legislation -- Introduction -- 1 Legal nature and rationale -- 1.1 The legal nature of private copying -- 1.2 The raison d'être of the private copying limitation -- 2 The permitted activities -- 2.1 Reproduction and private copying -- 2.2 The complexity of permitting reproductions for private use -- 3 Defining 'private' -- 3.1 The scope of the term 'private' -- 3.2 A test in determining the private character of copyright use -- 4 Defining 'non-commercial' -- 4.1 Defining 'commerciality' in copyright -- 4.2 'Ends that are neither directly nor indirectly commercial' -- 5 Fitting private copying into the three-step test -- 5.1 First step: private copying as a 'certain special case' -- 5.2 Second step: private copying and conflicts with normal exploitation -- 5.3 Third step: private copying and prejudice to legitimate interests -- 6 Levies on private copying -- 6.1 The compensatory nature of fair compensation and the vague meaning of 'harm' -- 6.2 Does fair compensation reach an unfair compromise? -- 7 Technological restrictions on private copying -- 7.1 The legal protection against the circumvention of technological protection measures -- 7.2 Technological protection measures and private copying -- 8 Contractual constraints on private copying -- 8.1 Private copying and contractual overridability -- 8.2 Contractual restrictions to private copying -- Conclusion -- Appendix -- Bibliography -- Index |
| Title | Private Copying |
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