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Dusollier, Severine; Ker, Caroline --- "Private Copy Levies and Technical Protection of Copyright: The Uneasy Accommodation of Two Conflicting Logics" [ 2009] ELECD 173 ; in Derclaye, Estelle (ed), "Research Handbook on the Future of EU Copyright" (Edward Elgar Publishing, 2009)

Book Title: Research Handbook on the Future of EU Copyright

Editor(s): Derclaye, Estelle

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847203922

Section: Chapter 14

Section Title: Private Copy Levies and Technical Protection of Copyright: The Uneasy Accommodation of Two Conflicting Logics

Author(s): Dusollier, Severine; Ker, Caroline

Number of pages: 24

Extract:

13 The issue of exceptions: reshaping the keys
to the gates in the territory of literary,
musical and artistic creation
Marie-Christine Janssens



By way of introduction

For most of the things
That you aren't to do
There's always exceptions
In one case or two

Most often a teacher
Can break all these rules
In order to teach in
A setting like school

And also a scientist
Or engineer, too,
Has leeway to copy
An item or two

There are other exceptions:
Recording for blind ones
Or making performance
For blind or for veterans

But I'm not a lawyer
Don't rely just on me
Go find one to ask,
Better yet, two or three1

As this simple text demonstrates, identifying permissible use and complying
with legal exceptions has become difficult. With the adoption of a `paracopy-



1 Excerpt from `Copyright in Verse' (http://jergames.blogspot.com/2006/07/us-
copyright-code-in-verse.html).

317
318 Research handbook on the future of EU copyright

right',2 exercising exceptions may require heavy brainwork and ­ in the case
of uses in an online environment ­ even turn out to be impossible.3 In sum,
while provisions relating to exclusive rights have remained fairly transparent
over decades, the same cannot be said for exceptions and limitations.4
The aim of this chapter is both to give a critical account of the harmoniza-
tion achieved by the European Commission in the field of exceptions to copy-
right and to look at ...