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Taking Private Use Seriously

A Critical Evaluation of the Legal Treatment of Private Use under Chinese Digital Copyright Law

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Zhong Zheng

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.

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Abbreviations

Extract

AUSFTA Australia-United States Free Trade Agreement CAVCA China Audio-Video Collective Administration CDPA 1988 UK Copyright, Designs and Patents Act 1988 CNNIC China Internet Network Information Center CPC Communist Party of China CPCC Copyright Protection Center of China DMCA Digital Millennium Copyright Act of 1988 (US) DRM Digital Rights Management ECC United Nations Convention on the Use of Electronic Communications in International Contracts (Electronic Communications Convention) ECHR European Convention on Human Rights EU European Union IFPI International Federation of the Phonographic Industry InfoSoc Directive Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the Harmonisation of Certain Aspects of Copyright and Related Rights in the Information Society IP Intellectual Property IPRs Intellectual Property Rights ISP Internet Service Provider MCSC Music Copyright Society of China MPAA Motion Picture Association of America NCAC National Copyright Administration (PRC) NPC National People’s Congress (PRC) PPA General Administration of Press and Publication of the PRC 16 Taking Private Use Seriously PRC People’s Republic of China RIAA Recording Industry Association of America RMB Renminbi (Chinese yuan) R&D research and development SAIC State Administration for Industry & Commerce (PRC) SARFT State Administration of Radio Film and Television (PRC) SIPO State Intellectual Property Office (PRC) TPMs Technological Protection Measures TRIPS Agreement on Trade-Related Aspects of Intellectual Property Rights WCT WIPO Copyright Treaty WIPO World Intellectual Property Organization WPPT WIPO Performances and Phonograms Treaty WTO World Trade Organization

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