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Private use is full of uncertainty both in theory and in application. Given the fact that the copying itself, whether in a private use context or a piracy context, is physically the same, it is very easy to confuse private copying with piracy. However, private use serves an important role not only relating to users' fundamental rights such as free speech and the right of autonomy and privacy, but also in contributing to the creative process by fostering creativity-relevant human capital. This book critically evaluates the legal treatment of private use under Chinese digital copyright law, which provides overprotection for Technological Protection Measures (TPMs) and abandons the private use limitation on digital copyright. It also examines the underlying causes and possible solutions.

Taking Private Use Seriously: A Critical Evaluation of the Legal Treatment of Private Use under Chinese Digital Copyright Law

Contents: The legal treatment of private use under Chinese Copyright Law - Private use and the China piracy battle - Technological Protections Measures (TPMs) - Alternative business models of digital content provision and their social conditions - Working proposals of the legal treatment of private use in China: An example of the TPMs & Contract model.