Legal Journal

“Reproduction for Personal Use” Regulation Is Abrogated in the Draft Amendment to Law on Intellectual and Artistic Works

Article 38 of Law on Intellectual and Artistic Works (the “Law”) regulates and allows “Reproduction for Purposes of Personal Use”. The current provision is as follows: “It is permitted to reproduce all intellectual and artistic works for personal use without pursuing profit.”

The EU Directive 2001/29/EC on the Harmonisation of Certain Aspects of Copyright and Related Rights in the Information Society regulates this in article 5 and does not expressly define which works may be reproduced for personal use. On the contrary, the Directive allows member states to provide for exceptions and limitations to this right in their internal legislation. 

The draft amendment revises the existing clause as follows:

“It is permitted to reproduce all intellectual and artistic works for personal use without pursuing direct or indirect profit. This permission does not apply for computer programs, electronic databases, architectural works and copies which are apparently reproduced or distributed illegally.”

The suggested amendment is in compliance with the Directive and aims to end the confusion around the reproduction of computer programs.