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Private Copying

Private Copying

Paperback

Series: Routledge Research in Intellectual Property

General Law

ISBN10: 1138016837
ISBN13: 9781138016835
Publisher: Routledge
Published: Mar 14 2014
Pages: 240
Weight: 0.76
Height: 0.51 Width: 6.14 Depth: 9.21
Language: English

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.

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General Law