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Books > Law > Jurisprudence & general issues > Law & society
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Private Copying (Paperback)
Loot Price: R1,461
Discovery Miles 14 610
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Private Copying (Paperback)
Series: Routledge Research in Intellectual Property
Expected to ship within 10 - 15 working days
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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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