Примери за използване на Copying exception на Английски и техните преводи на Български
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The private copying exception under Directive 2001/29.
In Ireland and the United Kingdom,the private copying exception does not exist.
B- Operation of the private copying exception provided for in Article 5(2)(b) of Directive 2001/29.
Directive 2001/29 does not use the term‘right' in connection with private copying andthus does not enter into the debate in legal theory about the nature of the private copying exception.
Private copying exception should apply only to copies made from lawful sources.
The limitation of the scope of the private copying exception to reproductions made from lawful sources.
The private copying exception cannot be introduced without fair compensation being provided for and effectively collected.
Before answering this question, I think it is useful to describe the operation of the private copying exception provided for in Article 5(2)(b) of Directive 2001/29.
The scope of application of the private copying exception cannot, therefore, be extended to situations that are not expressly provided for in Directive 2001/29.
The directive also states that the fair compensation referred to in Article 5(2)(b) thereof is intended to compensate rightholders‘adequately' for the use which is made of their protected works orother subject-matter pursuant to and by application of the private copying exception.
One can mention the example of the private copying exception, provided for in Article 5(2)(b) of Directive 2001/29.
The private copying exception is an exception to the reproduction right provided for in Article 2 of Directive 2001/29, which- in principle- is exclusive to rightholders.
Similarly, as the Court has already held, where they decide to introduce the private copying exception into their national law, the Member States are required to provide for the payment of fair compensation to rightholders.
The private copying exception affects the monopoly over making reproductions which rightholders enjoy, causing them harm to which they are deemed to consent in return for fair compensation.
It may therefore be deduced from the wording of Directive 2001/29 that it is the maintaining orthe introduction by the Member States of the private copying exception that gives rise to the harm caused to rightholders which the fair compensation is intended to compensate adequately.
(23) Typically, the private copying exception is to enable the purchaser of an audio compact disc to make a copy of it which he can, for example, listen to on a digital music player.
(32) According to that judgment, Article 5(2)(b)of the InfoSoc Directive must be interpreted as meaning that fair compensation must be calculated on the basis of the criterion of the harm caused to authors of protected works by the introduction of the private copying exception.
Recalls the importance of the private copying exception that may not be technically limited, coupled with fair compensation of creators;
It is apparent from paragraphs 39 and 40 of the present judgment that national legislation, such as that at issue in the main proceedings, which does not distinguish the situation in which the source from which a reproduction for private use is made is lawful from that in whichthat source is unlawful, is not capable of ensuring the proper application of the private copying exception.
First, it would extend the scope of the private copying exception far beyond the special cases defined by the directive, and thus breach the first condition laid down by that provision.
Further, in response to the fourth question, Stichting Brein and the Spanish Government(24)observe that the Court's reasoning in relation to the interpretation of the so-called‘private copying exception' in Article 5(2)(b) of Directive 2001/29(25) may be extended to the authorisation of streaming from an unlawful source.
Nevertheless, the scope and reach of the private copying exception cannot be defined by reference to provisions which apply in entirely different contexts and which pursue ends that are peculiar to them.
Consequently, I propose that the Court answer the first question and part(a)of the second question asked by the national court by holding that Article 5 of Directive 2001/29 is to be interpreted as meaning that the private copying exception provided for therein does not apply to reproductions of works and other subject-matter protected by copyright and other related rights that are made from unlawful sources.
Where it is implemented by a Member State, the private copying exception enables(22)natural persons in possession of works or other subject-matter protected by copyright or related rights to make a copy thereof for private use and for ends that are neither directly nor indirectly commercial.
Whilst the dispute in the main proceedings admittedly concerns, in the most general terms, the defence of the interests of proprietors of rights,in the sense that it concerns the scope of the private copying exception provided for by Article 5(2)(b) of Directive 2001/29, the claim which is at the origin of that dispute nevertheless falls entirely outside the scope of Directive 2004/48.
Whenever a national legislature implements the private copying exception it must, in all cases, do so in accordance with the requirements of Article 5(2)(b), but it must also, at the same time, satisfy the requirements laid down by Article 5(5) of Directive 2001/29, in accordance with international obligations.
The fair compensation provided for in that provision is intended solely to compensate the harm sustained by rightholders‘as a result of the introduction' of the private copying exception, not the harm caused to rightholders by reproductions made from unlawful sources nor, a fortiori, the harm resulting from the upstream dissemination of unlawful copies of their works.
The private copying exception, which is certainly one of the‘cases' of exception to the exclusive right of reproduction provided for in Article 2 of Directive 2001/29, must therefore be formulated by the Member States and applied by national courts with account being taken of the implications which flow from the restriction of its scope of application to special cases.
However, the second subparagraph of Article 6(4),which relates solely to the private copying exception, differs from the first subparagraph(66) in that it makes no reference to the lawfulness of the access to the protected work or other subject-matter.
Without fundamentally redefining the very rationale for the private copying exception and the principals underlying the determination of the fair compensation that must accompany it, with all the consequences that that would entail, the income generated by the private copying levy cannot compensate the loss of revenue which would be caused by the normal exploitation on the Internet of the works of rightholders.