Complete copying of a book solely for private use on the photocopier of a third party (e.g. a library)

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(Art. 19 para. 1 in conjunction with Art. 19 para. 2 CopA)

Pursuant to Art. 19 para. 1(a) CopA, the user may copy a work completely if they do it for their own private use (private use within the personal sphere or in a private circle). However, this limiting provision is only applicable if they use their own photocopier. As soon as the user uses the photocopier of a third party: for example, the library or the copy shop (Art. 19 para. 2 CopA), the use of the work no longer falls under private use within the personal sphere or in a private circle. The user may use the photocopier of the third party for their private use, but they no longer have the privilege of ‘complete copying’. In such a situation, the user is therefore only permitted to make an incomplete copy of the work (Art. 19 para. 2 in conjunction with Art. 19 para. 3(a) CopA). An exception is made in the case of an exhausted work; then, the work in question may be completely copied (Art. 19 para. 3(a) CopA).