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Open letter for supporting the private copy in Italy

21 June, 2006
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A new public campaign has been launched in Italy: its goal is to change Italy's copyright law to ensure that end-users have a full-fledged right to create a private copy of works they legally acquired.

The campaign, promoted by Scarichiamoli!, an Italian informal group of activists whose main goal is permitting the free circulation of knowledge, is aimed at revising Italian Legislative Decree 68/2003, that implements the European Directive 2001/29/CE on the harmonization of certain aspects of copyright and related rights in the information society.

In particular, the suggested revision would change art.9 of the Decree by making sure that a private copy of a legally acquired work can always be made, even bypassing technical protection measures (TPMs), irrespective of whether such a copy is digital or analogue.

Currently, it is possible for a user to bypass TPMs in order to make a private copy of a legally acquired work. Or rather, it is compulsory for a copyright owner to make sure that the user can perform such an act. However, the law states the copyright owners' obligation only extends to analogue copies of a work. There is currently no obligation for them to allow users to make a digital private copy of a legally acquired work.

Secondly, the suggested modifications aim at making sure that the possibility to create a private copy cannot be contractually negotiated.

Scarichiamoli! published on 9 June an open letter to Italian MP Titti De Simone (PRC) who had shown a special interest in this subject back during the discussions on the Italian implementation of the EUCD. The letter has already been signed by many Internet users, webmasters or other experts.

On 14 June 2006, Titti de Simone replied by confirming her interest in the subject and inviting the proponents of the campaign to an informal hearing at the Culture Commission of the Italian Parliament.

An argument to the Italian campaign could be the position taken these days in UK by the British Phonographic Industry stating that consumers would be pursued only if they make copies for other people and not for their personal use - although the Italian campaign aims at making sure that such an activity is a legally-stipulated right and not a gentle concession by a private party.

Private copy, the Italian campaign has begun (only in Italian, 9.06.2006)
http://punto-informatico.it/p.aspx?id=1517037&r=PI

Open Letter to Titti De Simone (only in Italian, 9.06.2006)
http://www.scarichiamoli.org/main.php?page=lettere/de_simone

UK fans can copy music for private use (7.06.2006)
http://www.vnunet.com/vnunet/news/2157746/uk-fans-copy-music

Report on the Italian implementation of the EUCD
http://www.fipr.org/copyright/guide/italy.htm

 

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