Digital private copying

Stavroula Karapapa

"The scope and legitimacy of private copying is one of the most highly contested issues in digital copyright. While private copying was practiced in the analogue world too, it was tolerated due to its minimal impact and to the difficulties related to its monitoring. Yet, its permissibility is ambiguous in the digital environment; this is because digitalisation has enabled ordinary individuals to make and share copies of copyrighted works easily, for no cost and with no degradation in terms of quality. Scholars and lawmakers stress the decisive role of private copying in striking an adequate balance between the freedom to use copyrighted works and the protection of the rightholders' interests in the digital world. In Europe, private copying is explicitly permitted under Article 5(2)(b) of Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in...