Open letter for supporting the private copy in Italy

By EDRi · June 21, 2006

A new public campaign has been launched in Italy: its goal is to
change Italy’s copyright law to ensure that end-users have a
full-fledged right to create a private copy of works they legally

The campaign, promoted by Scarichiamoli!, an Italian informal group of
activists whose main goal is permitting the free circulation of
knowledge, is aimed at revising Italian Legislative Decree 68/2003,
that implements the European Directive 2001/29/CE on the harmonization
of certain aspects of copyright and related rights in the information

In particular, the suggested revision would change art.9 of the Decree by
making sure that a private copy of a legally acquired work
can always be made, even bypassing technical protection measures
(TPMs), irrespective of whether such a copy is digital or analogue.

Currently, it is possible for a user to bypass TPMs in order to make a
private copy of a legally acquired work. Or rather, it is compulsory
for a copyright owner to make sure that the user can perform such an
act. However, the law states the copyright owners’ obligation only extends
to analogue copies of a work. There is currently no obligation for them to
allow users to make a digital private copy of a legally acquired work.

Secondly, the suggested modifications aim at making sure that the
possibility to create a private copy cannot be contractually negotiated.

Scarichiamoli! published on 9 June an open letter to Italian MP Titti
De Simone (PRC) who had shown a special interest in this subject back
during the discussions on the Italian implementation of the EUCD. The
letter has already been signed by many Internet users, webmasters or
other experts.

On 14 June 2006, Titti de Simone replied by confirming her interest in
the subject and inviting the proponents of the campaign to an informal
hearing at the Culture Commission of the Italian Parliament.

An argument to the Italian campaign could be the position taken these
days in UK by the British Phonographic Industry stating that consumers would
be pursued only if they make copies for other people and not for their
personal use – although the Italian campaign aims at making sure that such
an activity is a legally-stipulated right and not a gentle concession by a
private party.

Private copy, the Italian campaign has begun (only in Italian, 9.06.2006)

Open Letter to Titti De Simone (only in Italian, 9.06.2006)

UK fans can copy music for private use (7.06.2006)

Report on the Italian implementation of the EUCD