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Anthony D. Rosborough, Zen and the Art of Repair Manuals: Enabling a participatory Right to Repair through an autonomous concept of EU Copyright Law, 13 (2022) JIPITEC 113 para 1.
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%0 Journal Article %T Zen and the Art of Repair Manuals: Enabling a participatory Right to Repair through an autonomous concept of EU Copyright Law %A Rosborough, Anthony D. %J JIPITEC %D 2022 %V 13 %N 2 %@ 2190-3387 %F rosborough2022 %X Repair manuals are an essential resource for repairing today’s modern and computerised devices. Though these manuals may contain purely utilitarian and uncopyrightable facts, they often receive copyright protection in their entirety as literary works. This protection can impede community-based efforts toward fostering a culture of participatory repair throughout the EU, including repair cafés and tool libraries. Participatory repair activities provide numerous environmental, social, and economic benefits. This article explores whether directive 2001/29/EC’s exception for “uses in connection with the repair or demonstration of equipment” at Article 5(3)(l) (the “Repair Exception”) may offer an avenue for enabling such non-profit activities. Following an examination of the shortcomings of recent EU-wide policy measures and industry-led commitments aimed at providing access to repair information, the article looks to the Repair Exception’s origins, member state implementation, and its interpretive scope as an autonomous concept of EU law. Considering the strong public interest in participatory repair and dissemination of technical knowledge, the article calls for a robust autonomous interpretation of the Repair Exception in line with Article 11 TFEU. This interpretation should enable non-profit repair activities throughout the EU while accounting for and balancing the legitimate economic interests of rightsholders. %L 340 %K circular economy %K copyright %K directive 2001/29/EC %K participatory repair %K right to repair %K sustainable development %U http://nbn-resolving.de/urn:nbn:de:0009-29-55395 %P 113-131Download
Bibtex
@Article{rosborough2022,
author = "Rosborough, Anthony D.",
title = "Zen and the Art of Repair Manuals: Enabling a participatory Right to Repair through an autonomous concept of EU Copyright Law",
journal = "JIPITEC",
year = "2022",
volume = "13",
number = "2",
pages = "113--131",
keywords = "circular economy; copyright; directive 2001/29/EC; participatory repair; right to repair; sustainable development",
abstract = "Repair manuals are an essential resource for repairing today's modern and computerised devices. Though these manuals may contain purely utilitarian and uncopyrightable facts, they often receive copyright protection in their entirety as literary works. This protection can impede community-based efforts toward fostering a culture of participatory repair throughout the EU, including repair caf{\'e}s and tool libraries. Participatory repair activities provide numerous environmental, social, and economic benefits. This article explores whether directive 2001/29/EC's exception for ``uses in connection with the repair or demonstration of equipment'' at Article 5(3)(l) (the ``Repair Exception'') may offer an avenue for enabling such non-profit activities. Following an examination of the shortcomings of recent EU-wide policy measures and industry-led commitments aimed at providing access to repair information, the article looks to the Repair Exception's origins, member state implementation, and its interpretive scope as an autonomous concept of EU law. Considering the strong public interest in participatory repair and dissemination of technical knowledge, the article calls for a robust autonomous interpretation of the Repair Exception in line with Article 11 TFEU. This interpretation should enable non-profit repair activities throughout the EU while accounting for and balancing the legitimate economic interests of rightsholders.",
issn = "2190-3387",
url = "http://nbn-resolving.de/urn:nbn:de:0009-29-55395"
}
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TY - JOUR AU - Rosborough, Anthony D. PY - 2022 DA - 2022// TI - Zen and the Art of Repair Manuals: Enabling a participatory Right to Repair through an autonomous concept of EU Copyright Law JO - JIPITEC SP - 113 EP - 131 VL - 13 IS - 2 KW - circular economy KW - copyright KW - directive 2001/29/EC KW - participatory repair KW - right to repair KW - sustainable development AB - Repair manuals are an essential resource for repairing today’s modern and computerised devices. Though these manuals may contain purely utilitarian and uncopyrightable facts, they often receive copyright protection in their entirety as literary works. This protection can impede community-based efforts toward fostering a culture of participatory repair throughout the EU, including repair cafés and tool libraries. Participatory repair activities provide numerous environmental, social, and economic benefits. This article explores whether directive 2001/29/EC’s exception for “uses in connection with the repair or demonstration of equipment” at Article 5(3)(l) (the “Repair Exception”) may offer an avenue for enabling such non-profit activities. Following an examination of the shortcomings of recent EU-wide policy measures and industry-led commitments aimed at providing access to repair information, the article looks to the Repair Exception’s origins, member state implementation, and its interpretive scope as an autonomous concept of EU law. Considering the strong public interest in participatory repair and dissemination of technical knowledge, the article calls for a robust autonomous interpretation of the Repair Exception in line with Article 11 TFEU. This interpretation should enable non-profit repair activities throughout the EU while accounting for and balancing the legitimate economic interests of rightsholders. SN - 2190-3387 UR - http://nbn-resolving.de/urn:nbn:de:0009-29-55395 ID - rosborough2022 ER -Download
Wordbib
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ISI
PT Journal AU Rosborough, A TI Zen and the Art of Repair Manuals: Enabling a participatory Right to Repair through an autonomous concept of EU Copyright Law SO JIPITEC PY 2022 BP 113 EP 131 VL 13 IS 2 DE circular economy; copyright; directive 2001/29/EC; participatory repair; right to repair; sustainable development AB Repair manuals are an essential resource for repairing today’s modern and computerised devices. Though these manuals may contain purely utilitarian and uncopyrightable facts, they often receive copyright protection in their entirety as literary works. This protection can impede community-based efforts toward fostering a culture of participatory repair throughout the EU, including repair cafés and tool libraries. Participatory repair activities provide numerous environmental, social, and economic benefits. This article explores whether directive 2001/29/EC’s exception for “uses in connection with the repair or demonstration of equipment” at Article 5(3)(l) (the “Repair Exception”) may offer an avenue for enabling such non-profit activities. Following an examination of the shortcomings of recent EU-wide policy measures and industry-led commitments aimed at providing access to repair information, the article looks to the Repair Exception’s origins, member state implementation, and its interpretive scope as an autonomous concept of EU law. Considering the strong public interest in participatory repair and dissemination of technical knowledge, the article calls for a robust autonomous interpretation of the Repair Exception in line with Article 11 TFEU. This interpretation should enable non-profit repair activities throughout the EU while accounting for and balancing the legitimate economic interests of rightsholders. ERDownload
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Full Metadata
| Bibliographic Citation | Journal of intellectual property, information technology and electronic commerce law 13 (2022) 2 |
|---|---|
| Title |
Zen and the Art of Repair Manuals: Enabling a participatory Right to Repair through an autonomous concept of EU Copyright Law (eng) |
| Author | Anthony D. Rosborough |
| Language | eng |
| Abstract | Repair manuals are an essential resource for repairing today’s modern and computerised devices. Though these manuals may contain purely utilitarian and uncopyrightable facts, they often receive copyright protection in their entirety as literary works. This protection can impede community-based efforts toward fostering a culture of participatory repair throughout the EU, including repair cafés and tool libraries. Participatory repair activities provide numerous environmental, social, and economic benefits. This article explores whether directive 2001/29/EC’s exception for “uses in connection with the repair or demonstration of equipment” at Article 5(3)(l) (the “Repair Exception”) may offer an avenue for enabling such non-profit activities. Following an examination of the shortcomings of recent EU-wide policy measures and industry-led commitments aimed at providing access to repair information, the article looks to the Repair Exception’s origins, member state implementation, and its interpretive scope as an autonomous concept of EU law. Considering the strong public interest in participatory repair and dissemination of technical knowledge, the article calls for a robust autonomous interpretation of the Repair Exception in line with Article 11 TFEU. This interpretation should enable non-profit repair activities throughout the EU while accounting for and balancing the legitimate economic interests of rightsholders. |
| Subject | circular economy, copyright, directive 2001/29/EC, participatory repair, right to repair, sustainable development |
| DDC | 340 |
| Rights | DPPL |
| URN: | urn:nbn:de:0009-29-55395 |
