EU Digital Copyright Law and the End-UserThis book draws on the contents of the Ph. D. dissertation I wrote and defended at the European University Institute (EUI) of Florence. At the beginning of my - search, I did not expect to write a book on the intersection between copyright law and digital technologies and, in particular, on the implications that digitisation presents for the interests of users of copyrighted works. At that time, I was neither an expert on new technologies nor an avid user who viewed the Internet as a “no copyright land” where anyone should download whatever content for free. Before graduating from the University of Perugia School of Law, I had established myself as a clarinet player who performed mostly chamber music and the symphonic r- ertoire. I had also worked extensively as a radio speaker, music critic and writer with the Italian public broadcaster RAI-Radio3. In performing all these mus- related activities, I developed a considerable interest for copyright issues and, when choosing my dissertation topic, I immediately opted for a work on copyright law that examined the economic rights of music performers under the Italian and the EU legal systems. I was very curious to see how and to what extent the law sought to protect the subtle, particular kind of creativity and originality embodied in musical performances. That was my first step towards writing a book on co- right law. |
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Contents
copyright system 6 1 4 New kinds of transformative use 9 1 5 Nontransformative use 10 1 6 The structure of the book 12 2 The impact of digitisatio... | 28 |
Copyright harmonisation according to technological dictates | 43 |
The legal treatment of copyright exceptions under secondary EU law | 77 |
general policy issues under the EC Treaty 111 5 1 Introduction 111 | 113 |
UNSETTLED ISSUES | 135 |
Freedom of use vs DRM Technology | 179 |
7 6 2 Policy options for the accommodation of cumulative creativity 219 7 6 2 1 Creating an exception of fair circumvention 220 7 6 2 2 Creating a ... | 222 |
Copyright policy alternatives for preserving enduser freedom | 233 |
towards a better EU copyright law 285 | 284 |
APPENDIX | 311 |
Directive 200129EC of the European Parliament | 333 |
349 | |
367 | |
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Common terms and phrases
accordance activities acts adoption allow anti-circumvention apply Article 6(4 authors Code collective Commission Community concerning concluded considered consumer contract copyright exceptions copyright law copyright owners Court created Creative decision designed devices distribution downloads DRM systems DRM technology economic effective enable end-users enforcement ensure established European exclusive right exemption exercise exploitation expression fair file-sharing freedom French given harmonisation implementation InfoSoc Directive infringement intellectual property interests Internet interoperability legislation levy liability licence limited materials means measures Member networks objective on-line op.cit operation original parties peer-to-peer permitted pointed possible preserved private copying production proposal protection referred regard regulation reproduction requirement respect restrictions result rights management scope specific standard statutory supra technical tion transformative Treaty unauthorised users