Padawan v SGAE: A Right to Private Copy?

Karapapa, Stavroula

doi:10.2139/ssrn.2574636

Cited by 2 publications

(2 citation statements)

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“…The different classification as exception or user right is related to the legal nature of private copying. If private copying is a user right, it could signify that end-users are actually in the capacity of invoking this ‘right’ as a legal basis of substantiating claims against potential restrictions of their ability to make private copies and not just an affirmative defence against allegations of copyright infringement [13]. At least one national court has recognized it as a user right.…”

Section: ‘Copy-centrism’ Has Encountered Challenges In the Digitalmentioning

confidence: 99%

“…1, ECJ 3rd Chamber), the ECJ’s line of reasoning affirmed that, if users pay the levy in the final price of media and equipment to compensate for the possible harm they cause to the rights holders owing to copying for private use, they are rightly presumed to use the levied media and equipment to make such copies. By affirming that end-users are rightly presumed to use media and equipment to copy, the ECJ confirmed that private copying is, and should function as, a user right [13]. However, considering that technical measures to limit private copying by copyright holders are also reasonable and legitimate under most jurisdictions’ copyright laws, it is better to take private copying as an exception and limitation to the reproduction right.…”

Section: ‘Copy-centrism’ Has Encountered Challenges In the Digitalmentioning

confidence: 99%

See 1 more Smart Citation

Reconstructing copyright from ‘copy-centric’ to ‘dissemination-centric’ in the digital age

2013

Journal of Information Science

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Copy or reproduction plays a fundamental and central role in copyright. In the digital world, copying, especially temporary copying and private copying, has challenged the core concept of ‘copy’ in the copyright system. This paper will reflect on whether the basic and central role of reproduction in the copyright system is solid enough, and explore a copyright system focusing on something other than the reproduction right. It proposes a broad and open-ended concept of dissemination right that refers to a group of exclusive rights relating to the information dissemination enjoyed by the copyright holders. This broad and open-ended concept of a dissemination right should replace the reproduction right as the centre of copyright. Under such an approach, the key provision is that mere reproduction, absent dissemination to the public, should not be considered as a violation of copyright. Such a proposal can accommodate the challenges brought by the digital technologies, and is also consistent with the main theories underlying the intellectual property system.

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Section: ‘Copy-centrism’ Has Encountered Challenges In the Digitalmentioning

confidence: 99%

Section: ‘Copy-centrism’ Has Encountered Challenges In the Digitalmentioning

confidence: 99%