Quote:
Originally Posted by tompe
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Thank you very much for the link. This is a most interesting provision.
This is a translation of the relevant part of the link to Wikipedia.
Exemptions
You may copy material without permission of the copyright holder, if the specimen is produced by the copyright owner's permission. This applies, however, only a few copies for private use. It also does not apply, for example, computer programs or entire books in accordance with § 12. [ 13 ] This means for example that one can take a "legal" produced movie or music album and make a few copies for himself, family and close friends, without commit copyright infringement. However, note that if the material is copy-protected, it may be illegal to bypass the protection. [ 14 ]
The translation suggests that copies for private purposes can be made wihout the permission of the copyright holder (does this mean, say, the publisher?) if the copyright owner (say, the author?) gives permission. However, in the translated copy of the law no similar restriction is apparent. I don't know the answer to this and don't have the time or inclination to research it further.
Here is a translation of the relevant section of the Law, Section 12, together with relevant commentary, courtesy of Google Translate.
The making of copies for private use
12 § Each one gets for private purposes, one or a few copies of published
works. As regards literary works in written form, specimens petition,
however, only limited parts of works or such works of limited scope. The
copies may not be used for purposes other than private use.
The first paragraph does not authorize the
1. construct works,
2. make copies of computer programs, or
3. make copies in digital form of compilations in digital form.
The first paragraph does not give a right to private use allow a third party
1. make copies of musical works or cinematographic works,
2. producing appliances or sculptures, or
3. through the artistic process by creating other artwork.
This paragraph does not give right to make copies of a work when the copy
that is the real master produced or made available to the public
in violation of § 2 . The Act (2005: 359).
Comment
Private use means that the copy may be used only in private life and in
family and social circle. Copies may not be made for purposes that are
directly or indirectly commercial.
It is unclear exactly what applies to copying in the workplace. Copy the
workplace for use at work, as long as this is done for its own account, is
allowed. But it is no longer permitted to make copies for colleagues in the
workplace, such as several employees within a company or to each member of a
team within a research institution (cf NJA II 1961 p. 122). The rules of
contractual license gives some opportunities, see § 42 b . The exact
boundaries of the permissible copying will be settled case-law, including
the ECJ.
The prohibition to produce copies of databases applies only if a temporary
copy includes a sufficient portion of a database for it to be considered as
a copy of the database, see also § 49 .
It is not permitted to make copies of copyright works in the form of
computer programs or databases. For the liability of intermediaries, see Act
(2002: 562) on electronic commerce and other information society services
(e-commerce law).
The commentary suggests that "private use" extends to family and social circles. The Wikipedia article referred to this as including family and close friends. It would be interesting to look at the case law on this.
What is also clear is that it does not extend to copies of a whole book, thought apparently the same cannot be said of music or movies.