The second problematic approach taken by the Court has been in interpreting the term
‘not for profit’ as indicating that such reproduction by the photocopy shops will not be
considered as profit from infringing copyright works of others, if it is undertaken under order
forms or employment contracts between the student and photocopy shops. In Decision
No. 784/2542 , the photocopy shops that were copying entire textbooks for the students were
successful in arguing that they could not be held liable for copyright infringement, because they
were not engaged in illegal copying, but rather simply providing a photocopy service for
students. This decision illustrates that if the photocopy shop was acting on behalf of the
students or by order of the student, then the exceptions to copyright infringement provided for
students can also be extended to the photocopy shop as well. Nevertheless, it must be
demonstrated that such action was done by the orders of the students or on behalf of the student.
If the photocopy shop can prove that there is an order from the students, then the profit granted
from photocopying the work will not be considered as profit from infringing another’s copyright
but will be the profits in exchange for the use of human labour instead.
The second problematic approach taken by the Court has been in interpreting the term
‘not for profit’ as indicating that such reproduction by the photocopy shops will not be
considered as profit from infringing copyright works of others, if it is undertaken under order
forms or employment contracts between the student and photocopy shops. In Decision
No. 784/2542 , the photocopy shops that were copying entire textbooks for the students were
successful in arguing that they could not be held liable for copyright infringement, because they
were not engaged in illegal copying, but rather simply providing a photocopy service for
students. This decision illustrates that if the photocopy shop was acting on behalf of the
students or by order of the student, then the exceptions to copyright infringement provided for
students can also be extended to the photocopy shop as well. Nevertheless, it must be
demonstrated that such action was done by the orders of the students or on behalf of the student.
If the photocopy shop can prove that there is an order from the students, then the profit granted
from photocopying the work will not be considered as profit from infringing another’s copyright
but will be the profits in exchange for the use of human labour instead.
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