The Problem Copyright: system of exclusive rights Purpose: to stimulate creativity and encourage/protect investments Exclusive rights a) are not workable in all contexts, and b) entail costs for users.

The Problem.. All copyright systems seek to ensure a balance between the need for exclusive rights and other public, private or societal ingests. This balance is obtained primarily through a system of limitations on the rights.

The Problem.. Limitations: US system of ”fair use”; limitations construed by the courts Continental European System; specific, clearly designed limitations (Example: the 19 limitations allowed under the EU Infosoc. Dicrective).

Policy Rationale for Limitations General balance of interests The three-step-test. Limitations allowed only a) in certain special cases b) which do not conflict with a normal exploitation of the work, and c) do not unreasonably prejudice the legitimate interests of the author.

Policy Rationale for Limitations Policy considerations relating to private interests. Example: private copying. Has to be admitted: a) not to interfere into private life, b) hardly possible to control, c) had earlier little practical importance)

Policy Radionale for Limitations New technologies make high-quality private copying very easy and inexpensive. Seriously undermining exclusive rights. Policy choice: a) limit private copying b) provide for monetary compensation

Policy rationale.. Limiting private copying: Examples a) define ”personal and private use” b) limit number of copies to be made c) not allow for certain works (data bases.) d) not allow outside assistance e) copying only from legal master copies f) no copying of entire books

Policy rationale.. Private copying: another solution. Provide for remuneration or ”fair compensation” Example: levy on blank recording media and/or recording equipment.

Policy rationale.. Policy considerations relating to public or societal interests. Examples of limitations. a) Education and teaching b) Scientific research c) Libraries, archives and museums d) Needs of blind/disabled persons

Policy rationale.. Public and societal interests (cont.) e) Public information and freedom om expression f) Temporary copies in Internet transmissions.