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Citation

La Diega GN (2016) In light of the ends. Copyright hysteresis and private copy exception after the British Academy of Songwriters, Composers and Authors (BASCA) and others v Secretary of State for Business, Innovation and Skills case. In: Falce V, Gambino AM, Maggio E, Moscati E, Romano R, Ronco M & Valditara G (eds.) Studi Giuridici Europei 2014. Universita Europea de Roma, 2014. Turin: Giappichelli, pp. 39-60. https://www.giappichelli.it/studi-giuridici-europei

Abstract
In the British Academy of Songwriters, Composers and Authors (BASCA) and others v Secretary of State for Business, Innovation and Skills case, the High Court of Justice in matter of private copy exception provides the twofold prime opportunity to shed light on the state of the art of copyright in the UK and to flesh out the idea of ‘legal hysteresis’. I support the reintroduction of the private copy exception, possibly in a less narrow fashion, and I explain the reasons why I am confident that my expectations will be fulfilled. Summary: 1. The concept of legal hysteresis. 2. The Infosoc Directive: negotiation and implementation. 3. The Copyright and Rights in Performance (Personal Copies for Private Use) Regulations 2014. 4. The new framework of exceptions and limitations in the UK. 5. The unnecessary compensation and pricing-in theory: empirical evidence. 6. British Academy of Songwriters, Composers and Authors and others, R (On the Application Of) v Secretary of State for Business, Innovation and Skills. 7. The future: Bernard of Chartres, a value-driven view on the private copy exception and a purpose-oriented interpretation of copyright.