Copyright Exceptions: Copying for Private Use

Abstract

In this paper consider whether a general private copying exception should be included in the Copyright Act 1994. I argue that the existing private copying exceptions are inadequate. I justify why a private copying exception is important and consider what form an exception should take. Finally, I discuss whether a general private copying exception would be consistent with the three-step test in article 9(2) of the Berne Convention for the Protection of Literary and Artistic Works and article 13 of the Agreement on Trade-Related Aspects of Intellectual Property Rights.