Private copy

The private copy is an exception to the Royalty French. The exception of private copy authorizes a person to reproduce a work of the spirit for its private use. The private use implies the use of the copies in the private circle, concept including the family, but also the friends, like redefined it the courts recently. However, the Court of Appeal of Aix-en-Provence condemned a Net surfer for counterfeit while being based on the fact that it had lent CD on which it had engraved films with friends, exceeding the framework of the private use.

The private copy can have like source a work bought by the copyist or received following the diffusion (in the case of the diffusion of one film on television for example). The question of the admissibility of the source remains outstanding: does the exception of private copy suppose that the file from which the copy is made is licit? The Court of appeal, in its stop of May 30th, 2006, had evoked this point while reproaching the Court of Appeal of Montpellier for having released a marked student to have illegally copied 509 films without deciding from the character sells by auction or not source. The business had been returned before the Court of Appeal of Aix-en-Provence. This one eluded this question by melting the judgment of the young Net surfer about the fact that it lent litigious CD to his friends and thus exceeded the framework of the privé.
use

The private copy should not be confused with the Backup copy which relates to in particular the software, and which is limited to sources acquired by the copyist, without redistribution.

N the other hand, part of the purchase prices of certain consumable and apparatuses multi-media, in particular virgin CD-R and RW, or the Memory flash and the apparatuses while containing, such key USB, is taken in the form of royalty for the remuneration of the private copy. This royalty is then transferred with measurement of half of the money taken for the Auteur S, a quarter for the artist-interpreters, and a quarter for the production companies. The obligation to pay this royalty is binding to the manufacturers or to the importers installed in France. Internet sites Europeans are not subjected there, pointed out the Court of Appeal of Paris in a stop of March 22nd, 2007.

See too

Royalty
numerical Intellectual property
Management of the rights (GND, in English DIGITAL Rights Management or DRM)

External bond

Code of the intellectual property (see in particular the L122-5 article)
Right of the culture, Management and Trades of art

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