| ID | 1.5.7 |
| Title | Respect for exceptions to the exclusive copyrights as provided under national laws. |
| Expert | Serge Gutwirth (VUB) Fabienne Brison (VUB) Anna Moscibroda (VUB) |
| Priority | mandatory |
| Description | The European legislation on copyright provides for a number of exceptions to exclusive rights granted by the copyright system. There is only one obligatory exception (temporary, transient and incidental acts of reproduction which are the integral part of technological process- requirement 1.5.6), and a number of facultative exceptions to the economic rights. In the latter case, the Member States are free to provide for such exceptions in their national law. The obligatory exception also needs to be implemented in national laws. The content provider/technology provider should not restrict the use covered by exceptions. The issue of exceptions especially relates to (though, not only) the 'private copy' exception, as it might be provided under national laws of the Member States. Technological protection measures should make the reproduction for private use possible to the extent it is necessary to benefit from that exception and within its scope as foreseen by the national legal systems (if it is foreseen). Same would apply to some other exceptions, if provided under national law. It should be then remembered, the existence of exceptions depends on whether they are (or not) foreseen in national law. If it is a case, TPM have to yield to only certain exceptions such foreseen (Copyright Directive art. 6(4) subparagraph 2). In case of on-demand services, the agreed contractual terms bind the parties. Content providers or technology providers cannot be forced to remove the TPM if the content is accessible on demand and protected by the TPM (Copyright Directive, art. 6(4) subparagraph 4). |
| Rationale | Relevant to assess the lawfulness of operation of SPICE |
| Type | non-functional |
| Depends on | 1.5.0 - General Legal requirement-completeness and comprehensiveness of regulatory requirement is impossible. |
| Child dependencies | 1.5.6 - The right holder's authorisation in case of use of copyrighted content 7.1.1 - Use of Metadata for Multimedia Content organization 7.1.2 - Content Flow Organization 7.2.1 - Content purchase and access 7.2.2 - Protected Content backup 7.2.3 - Overall content protection 7.2.4 - End user content protection 7.3.4 - Changing the Presentation Modality and Interactive Modality 8.1.9 - Copyright management when prototyping between multiple parties |
| Environment | |
| Other_info | |
| Category | regulatory |
| Subcategory | Content issues |
| Subcategory2 | Copyright |
| Scenario_scene | |
| SPICE_value | |
| Demo | |
| Keywords | copyright;content protection;authorisation of right-holder;exception;DRM;private copy |
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