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The discretion afforded to States in imposing restrictions on freedomof expression is narrower than that granted in respect of restrictions onproperty rights, including copyright. (b) Limitations on copyright, including fair dealing, must be interpretedbroadly so as to give meaningful effect to the right to freedomexpression and information. (c) Digital copies of a work are non-rival goods. Therefore, accessing acultural good online, including by downloading it, without authorisationdoes not deprive the copyright owners of their interest in or possessionof their property, although it may interfere with their enjoyment of it. (d) If cultural goods are downloaded online in breach of copyright, the lackof lawful availability of those goods within that jurisdiction shall be arelevant factor in determining any remedies for the copyright holderagainst such unauthorised use of cultural goods. (e) The impact of the restriction on the right to freedom of expression mustbe carefully scrutinised. The burden of proving that the restriction isproportionate to the protection of copyright interests rests with the stateand/or the copyright holder.
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