Is IP a Lex Specialis?
ATRIP Intellectual Property series
Edited by Graeme B. Dinwoodie
Chapter 7: Private ordering and consumers’ rights in copyright law: A view of Japanese consumers
Once persons purchase something, they can conventionally do with their acquisition anything they want within the limits of the law. They can use it for their personal purposes. They can read their books, can listen to their music CDs and can watch their movie DVDs whenever, wherever and however they want, unless such uses interfere with the copyright holder’s exclusive rights granted by copyright law. They can lend any of those things to their friends. They can make MP3 files from their music CDs in order to listen to those sound recordings on their MP3 file players. They can make back-up copies of their computer programs for cases of emergency where the original CD-ROMs or DVDs containing the computer programs are damaged. They can destroy or sell their tangible things to other persons in a garage sale or online auction. This freedom has traditionally been reflected in copyright law by limiting the scope of exclusive rights granted to copyright holders so that an adequate and proper balance is struck between the private interests of copyright holders on the one side and the interests of the public and consumers of copyrighted works on the other.
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