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Vol 22 No 10 Oct/Nov 2017

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Private Copying: The Scope of User Freedom in EU Digital Copyright


ISBN13: 9780415674720
Published: May 2012
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £110.00
Paperback edition , ISBN13 9781138016835



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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. The basis of this examination is Article 5(2)(b) of the Information Society Directive. Under this Article, in order for copying to be permitted, the use of the intended use of the copyrighted works ought to be ‘private’ and ‘non-commercial’ in order to be permitted; these concepts, however, do not translate well, and tend to be less clear in the digital environment.

With the permissible limits of private copying being contested and without clarity as to the legal nature of the private copying limitation, the scope of user freedom is being challenged. Private use, however, has always remained free in copyright law. Not only is private use 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.

Subjects:
Intellectual Property Law
Contents:
1. Introduction

Part 1: The scope of digital private copying: permissible limits
2. The private use of copyrighted works
3. The non-commercial use of copyrighted works

Part 2: The impact of digital private copying: regulatory approaches
4. Levies on private copying
5. Technological restrictions of private copying
6. Conclusion

Series: Routledge Research in Intellectual Property

The Patentability of Software: Software as Mathematics ISBN 9781138240599
To be published February 2018
Routledge
£105.00
Intellectual Property Assets: Corporate Reporting and Disclosure ISBN 9781138186255
To be published December 2017
Routledge
£105.00
Contemporary Issues in Pharmaceutical Patent Law ISBN 9781138934481
Published February 2017
Routledge
£110.00
Well-Known Trade Marks: A Comparative Study of Japan and the EU ISBN 9781138713338
Published January 2017
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£37.99
Intellectual Property Policy, Law and Administration in Africa ISBN 9781138820739
Published October 2015
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£110.00
£26.95
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£28.99
A Politics of Patent Law: Crafting the Participatory Patent Bargain ISBN 9780415565172
Published August 2012
Routledge
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Intellectual Property Overlaps: Theory, Strategies, and Solutions ISBN 9780415668163
Published September 2011
Routledge
£110.00
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