EU Digital Copyright Law and the End-User
This book is the first comprehensive exploration of the legal framework of EU digital copyright law from the perspective of the ‘end-user’. This multi-faceted actor of the digital environment is a consumer of copyrighted works, a file-sharer of these
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Giuseppe Mazziotti
EU Digital Copyright Law and the End-User
123
ISBN 978-3-540-75984-3
e-ISBN 978-3-540-75985-0
DOI 10.1007/978-3-540-76985-0 Library of Congress Control Number: 2008920730 c 2008 Springer-Verlag Berlin Heidelberg This work is subject to copyright. All rights are reserved, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilm or in any other way, and storage in data banks. Duplication of this publication or parts thereof is permitted only under the provisions of the German Copyright Law of September 9, 1965, in its current version, and permission for use must always be obtained from Springer. Violations are liable to prosecution under the German Copyright Law. The use of general descriptive names, registered names, trademarks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. Production: le-tex Jelonek, Schmidt & Vöckler GbR Cover design: WMX Design GmbH, Heidelberg Printed on acid-free paper 987654321 springer.com
For my parents, Lorenzo and Adonella
Preface
This book draws on the contents of the Ph.D. dissertation I wrote and defended at the European University Institute (EUI) of Florence. At the beginning of my research, I did not expect to write a book on the intersection between copyright law and digital technologies and, in particular, on the implications that digitisation presents for the interests of users of copyrighted works. At that time, I was neither an expert on new technologies nor an avid user who viewed the Internet as a “no copyright land” where anyone should download whatever content for free. Before graduating from the University of Perugia School of Law, I had established myself as a clarinet player who performed mostly chamber music and the symphonic repertoire. I had also worked extensively as a radio speaker, music critic and writer with the Italian public broadcaster RAI-Radio3. In performing all these musicrelated activities, I developed a considerable interest for copyright issues and, when choosing my dissertation topic, I immediately opted for a work on copyright law that examined the economic rights of music performers under the Italian and the EU legal systems. I was very curious to see how and to what extent the law sought to protect the subtle, particular kind of creativity and originality embodied in musical performances. That was my first step towards writing a book on copyright law. However, my background as a musician and writer naturally made me more sympathetic to the interests of copyright owners than to those of users of protected works. So, my initial research interests were focused on the analysis of copyright protection rather than on that of copyright restrictions. My study was consequently stimulated, at the beginning, by a reflection on how the law could preserve t
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