Legal aspects of copying audiovisual work onto portable media devices PLUS CAMERIMAGE FORUM 2007 Lucyna Sas-Swadźba

Are we all the pirates?

IT IS USEFUL BUT IS IT LEGAL? Private right to copy IT IS USEFUL BUT IS IT LEGAL?

The Digital Millennium Copyright Act No person shall circumvent a technological measure that effectively controls access to a copyrighted work protected under this title.

Digital Right Management DRM Technologies which provide access control for digital media by preventing access, copying or conversion by end users to other formats

Fair Use A doctrine that allows limited use of copyrighted material without requiring a special permission from the rights holders

The Copyright Act of 1976 The fair use of a copyrighted work, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include:  the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; the nature of the copyrighted work the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and the effect of the use upon the potential market for or value of the copyrighted work.

How does it look like in Europe? Berne Convention in 1886, Internet Treaties of the World Intellectual Property Organization in 1996, 2001/29 Directive “On Harmonization of Certain Aspects of Copyright and Related Rights in the Information Society”, 2004 Directive “On the Enforcement of Intellectual Property Rights”

The three-step test International and European legislation – especially the Berne Convention for the Protection of Literary and Artistic Works, and the Copyright Directive– provide that private copying: must be limited to certain special cases and not be the norm; must not conflict with the normal exploitation of the work; and must not unreasonably prejudice the right holders’ legitimate interests.

Polish Copyright and Related Rights Act of 1994 Current Polish law provides adequate legal protection against the circumvention or removal of any technological measures against access, copying, or distribution of works, if such actions have the purpose of illegal use of works

The Intellectual Property Law The main goal of it is to take care about rightful interests of the authors and the film business, in order to ensure that free and unhindered access to cultural goods in times of development of new technologies is accompanied by respecting copyrights and the right to an adequate remuneration for using audiovisual works.

... To create a friendship between end users and authors!

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