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Private use is full of uncertainty both in theory and in application. Given the fact that the copying itself, whether in a private use context or a piracy context, is physically the same, it is very easy to confuse private copying with piracy. However, private use serves an important role not only relating to users’ fundamental rights such as free speech and the right of autonomy and privacy, but also in contributing to the creative process by fostering creativity-relevant human capital. This book critically evaluates the legal treatment of private use under Chinese digital copyright law, which provides overprotection for Technological Protection Measures (TPMs) and abandons the private use limitation on digital copyright. It also examines the underlying causes and possible solutions.
This book critically evaluates the legal treatment of private use under Chinese digital copyright law. It examines the uncertainty surrounding private use in theory and application, particularly the confusion between private copying and piracy due to the physical similarity of the acts. The work argues that private use is crucial for fundamental rights like free speech and autonomy, and for fostering creativity-relevant human capital, yet Chinese law overprotects Technological Protection Measures and neglects private use limitations.
The book addresses a complex and often contentious area of digital copyright law, focusing specifically on the nuances of private use within the Chinese legal system. It aims to clarify the distinction between legitimate private copying and illegal piracy, highlighting the societal and individual benefits of recognizing private use. The work likely appeals to legal scholars, policymakers, and practitioners interested in intellectual property rights in the digital age, particularly within the context of China's evolving legal landscape.
Page Count:
282
Publication Date:
2013-11-05
Publisher:
Peter Lang
ISBN-10:
3653034299
ISBN-13:
9783653034295
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