Temporary copies and private digital copy as limits of the copyright – Transposition of directive 2001/29/CE to Spain law–

Abstract

2001/29/CE Directive of the European Union put the regime applicable to temporary copies and private copies as exceptions to the copyright at the juridical leading edge. Since Spain, as a member state of the European Union, should harmonise such directive with the national law, it is necessary to define the scope of its incorporation to identify criteria applicable to the specific case in order to determine legality of private copies and temporary copies of protected works, the effects of such copies on the copyrights holder or related rights, and possible damages for the user for the anti-copy measures. With this purpose in mind, the community regulatory statement will be compared to the one adopted in the internal law, in conjunction with jurisprudence decisions and recent doctrinal developments.