Thursday, October 07, 2004

Private Copying: Not a Right

A new article at the INDICARE site, this time by Natali Helberger: It's not a right, silly!
The article analyses the private copying exemption, which has been claimed as a right, but really is not. Maybe it should be, but that's not what's in the European books right now. The European Copyright Directive (EUCD) does not mandate the private copying exemption and leaves its implementation in national laws to the Member States. What's more, the exmption is often restricted by DRMs, which find a backing by the EUCD in article 6 (anti-circumvention provision).

A fast read with a focus on current case law, here's the abstract:
Not all consumers are willing to accept DRMs. This article tells the story of two consumers who were not, and who went before the courts to claim what they thought was their good right - the "right to private copying". It tells the story of their cruel awakening, and why it had to come like this.


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