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Topic: Limitations and exceptions to copyright

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In the News (Fri 19 Apr 19)

  Copyright - Wikipedia, the free encyclopedia
Copyright is a type of intellectual property; designs or industrial designs may be a separate or overlapping form of intellectual property in some jurisdictions.
Copyright concepts are perceived to be under challenge in the modern technological era, from the increasing use of peer to peer filesharing, to the downward trend in profits for major record labels and the movie industry.
Another point of distinction is that a copyright (and a patent) is generally subject to a statutorily-determined term, whereas a trademark registration may remain in force indefinitely if the trademark is periodically used and renewal fees continue to be duly paid to the relevant jurisdiction's trade marks office or registry.
en.wikipedia.org /wiki/Copyrights   (6042 words)

 Fair use
Fair use attempts to balance the interests of copyright holders with the public interest in the wider distribution and use of creative works[?], by allowing certain limited uses that might otherwise be considered infringement.
Fair use must be pleaded as affirmative defense which means that a defendant accused of copyright violation bears the burden of proving in court that his copying was fair use, and therefore not infringement.
Producers or creators of works that is a satire or parody of a copyrighted work have been sued for infringement by the targets of their satire, even though such use may be protected as fair use.
www.ebroadcast.com.au /lookup/encyclopedia/fa/Fair_use.html   (1229 words)

 The Ukrainian Journal of Business Law   (Site not responding. Last check: 2007-11-04)
The expression “limitations and exceptions to copyright” refers to situations in which the exclusive rights granted to authors (or their assignees) under copyright law do not apply.
Two important examples of limitations and exceptions to copyright are the fair use doctrine found in the United States, and the fair dealing doctrine found in many other common law countries.
The scope of copyright limitations and exceptions is currently a subject of significant controversy within various nations, largely due to the impact of digital technology, and the enactment of anti-circumvention rules in response to the WIPO Copyright Treaty.
ujbl.info /hot_issue/0508_2.html   (1644 words)

 Carolina Copyright Committee Website - General Copyright Questions   (Site not responding. Last check: 2007-11-04)
Copyright is a form of protection provided by the laws of the United States (Title 17 of the United States Code) and given to authors of original works of authorship including literary, dramatic, musical, artistic, and certain other intellectual works.
Copyright requires an original work of authorship to be fixed in a tangible medium of expression from which it can be perceived either directly or with the aid of a machine or device.
Registering your copyright allows you to sue for statutory damages as well as attorney's fees in case of infringement, as opposed to basic "actual losses", which may be difficult to calculate and is all you may sue for when an unregistered copyright is violated.
www.lib.unc.edu /copyright/faq1.htm   (2007 words)

 Choike - Meeting makes proposals for reforming intellectual property regimes to allow greater access to knowledge
Among the issues discussed were a "blanket clause" in favour of the "commons" (or public domain), general limitations and exceptions to copyright protection, promotion of open access research literature, limitation to extension of copyright term, copyright on the internet, limits to patents on public-good databases and the impact of patents on development of standards.
Part C states that in determining whether applying any limitation or exception to exclusive rights to a particular use of a work would conflict with its normal exploitation or unreasonably prejudices the legitimate interests of the right holder, the extent to which the use benefits the larger public interest shall be taken into account.
Part D states that in addition to implementing specific exceptions for the cases listed in subpargraph (A), parties to this treaty also shall implement a general exception to copyright law, applicable in special cases where the social, cultural, educational or other developmental benefit of a use outweigh the costs imposed by it on private parties.
www.choike.org /nuevo_eng/informes/2645.html   (2663 words)

 [No title]   (Site not responding. Last check: 2007-11-04)
The role of limitations and exceptions It has long been recognized that restrictions or limitations upon authors, and related rights may be justified in particular cases.
It may be assumed that the exceptions which existed in national legislation at the time of accession to either the Brussels or Stockholm Acts fell, as a matter of course, within the scope of these de minimis exceptions—certainly, this appears to have been the tacit understanding of the delegates at both Revision Conferences.
This is because the language in which these limitations and exceptions is couched is generally different from that of the threestep test in Article 13, and it is therefore difficult, if not impossible, to determine whether these differing criteria are, in effect, the same or whether one extends beyond the other or is more restricted.
www.wipo.int /documents/en/meetings/2003/sccr/doc/sccr_9_7.doc   (11356 words)

 Copyright Reform Process - A SOCAN
The Copyright Act provides the legal framework within which creators and other rights holders are entitled to recognition and control of, and payment for, the use of their works.
Copyright establishes the economic and moral rights of creators and other rights holders to control the publication and commercial exploitation of their works, protect the integrity of their endeavours, and ensure that they are properly remunerated.
The agreed statement concerning Article 10 (on Limitations and Exceptions) of the WIPO Copyright Treaty is applicable mutatis mutandis also to Article 16 (on Limitations and Exceptions) of the WIPO Performances and Phonograms Treaty.
strategis.ic.gc.ca /epic/internet/incrp-prda.nsf/en/rp00807e.html   (1780 words)

 Limitations and Exceptions to Copyright and Neighbouring Rights in the Digital Environment: An International Library ...
IFLA believes that exceptions and limitations to copyright, which exist for the public good, are being jeopardized by the increased use of technological protection measures and licensing restrictions.
Copyright can be defined as a person's exclusive right to authorize certain acts (such as reproduction, publication, public performance, adaptation etc.) in relation to his or her original work of authorship.
A copyright owner’s capacity to control the use of his or her work is limited to the suite of rights, which is specifically granted by the copyright regime.
www.ifla.org /III/clm/p1/ilp.htm   (6589 words)

 REPORT - 6th Annual Meeting:  Copyright in the Digital Age
There was much discussion about limitations and exceptions to copyright and how these could coexist with digital rights management (DRM) technologies as these were developed.  There was a range of views on the merits of DRM and levies, with some speakers calling for levies on peer-to-peer networks.
Copyright and copyright-controlled activities were limited to larger organisations like publishers, printers and broadcasters, and were normally regulated between businesses.
Copyright terms are getting longer - formerly 50 years after the death of the author, they are now becoming 70 years in the U.S.  No study has found that IP enhances the public interest.
www.tacd.org /events/meeting6/copyright_report.htm   (6893 words)

 Copyright: CommuniK.: Copyright Limitations Risk Analysis   (Site not responding. Last check: 2007-11-04)
Despite the repeated attempts of the copyright owners to expand their rights in ways that eliminate virtually all forms of fair use or free use, copyright law still retains some flexibility and fairness.
A copyright owner’s exclusive rights are outlined in a single statute of the copyright law, but there are 16 statutes that limit those exclusive rights.
This inverse relationship between infringement risk and limitation breadth exists because the narrower limitations (such as the limitation in Section 110) have been drafted for the benefit of specific parties who engage in specific conduct under specific circumstances.
www.copycense.com /2006/01/copyright_clear.html   (1328 words)

 [Random-bits] L&E - CSC on WIPO debate on Copyright Limitations and Exceptions   (Site not responding. Last check: 2007-11-04)
Civil Society Coalition Statement on the proposal by the Delegation of Chile on Limitations and Exceptions November 19, 2004 The Civil Society Coalition supports the proposal by Chile to address issues concerning limitations and exceptions.
There is also the very large issue of the relationship between new technological protection measures (TPMs) and the ability of the public to exercise or benefit from limitations and exceptions that promote access to knowledge or the control of anti-competitive practices.
WIPO could have information sessions on the relationship between TPMs and limitations and exceptions and propose solutions in form of regulations of TPMs which would ensure that they do not destroy the important role that limitations and exceptions have in protecting access to knowledge.
lists.essential.org /pipermail/random-bits/2004-November/001238.html   (433 words)

 Off the Shelves
This is because such technological measures do not distinguish between uses which are not authorised by the copyright owner but are permitted by law, on the one hand, and those uses which are not authorised by the owner and also infringing.
It is therefore essential that limitations and exceptions are carefully considered in the digital realm to protect access to information.
IFLA believes, therefore, that not only must traditional copyright exceptions be preserved both in the print (analogue) environment but also in the digital environment, and that this must be addressed at the same time as the issues of the increasing use of copyright protection technologies and contractual license agreements.
www.lplibrary.org /blog/categories/news/2002/10/19.html   (1239 words)

 The United States Copyright Law: A Guide for Music Educators. Includes rights and limitations of copyright owners, ...
The most important group of limitations for music teachers is embodied in the section of the law that outlines the concept of “educational fair use.”; (The actual sections of the law that deal with library and archival copying and fair use are reproduced in their entirety in Appendix A of this document.
For example, limited quotations of an excerpt from a work in a review or a news report are generally seen as constituting “fair use.”; Fair use may also be found when the use is for purposes as criticism, comment, scholarship, research, or teaching.
A single copy of a sound recording (such as a tape, disc or cassette) of copyrighted music may be made from sound recordings owned by an educational institution or an individual teacher for the purpose of constructing aural exercises or examinations and may be retained by the educational institution or individual teacher.
www.menc.org /information/copyright/copyr.html   (5614 words)

 Copyright, Libraries and the Digital Environment   (Site not responding. Last check: 2007-11-04)
Copyright is concerned with the rights of authors, composers, artists and other creators in their works.
Copyright law grants them the right for a limited period of time, to authorise or prohibit certain uses of their works by others.
The issue of debate between the library community and the publishing industry before the adoption of this Treaty was the viability of the exceptions under copyright for private, educational and research purposes in a digital environment.
www.eblida.org /ecup/docs/fi_reannex10.htm   (3756 words)

 ALA | C&RL November 2004 abstracts   (Site not responding. Last check: 2007-11-04)
Fair-use and other free-use limitations and exceptions in national copyright laws maintain a balance between the individual interests of creators of works and other copyright holders, and the public interest in fostering a culturally productive exchange of information and ideas.
It then offers a comparative analysis of the limitations and exceptions found in the current copyright laws of the twelve nations comprising the Commonwealth of Independent States (CIS), highlighting the range of limitations and exceptions found in the CIS statutes and the differences among the laws of those nations.
In the current climate of change in global copyright legislation, this article provides broad perspective in an area that is of increasing relevance to the aims of academic and research libraries internationally.
www.ala.org /ala/acrl/acrlpubs/crljournal/crl2004/november/crlnov2004abstracts.htm   (577 words)

 Digital Copyright: Position Paper Submissions: No. 13: Council of New Zealand University Librarians - General Principles
copyright law must ensure a balance between the rights of authors and copyright owners, and the needs of society to benefit from the ideas and knowledge incorporated within publications;
paragraph 31) that copyright law should be technologically neutral, and written in such a way that it applies to both present and future technologies.
paragraphs 13 and 14, therefore, CONZUL considers that the Copyright Act is in need of amendment, to give effect to these two objectives; and that the principles of copyright should apply equally to all types of formats, with digital formats wherever possible being treated the same as other formats.
www.med.govt.nz /buslt/int_prop/digital/submissions/13/13.html   (314 words)

 The Committee on Energy and Commerce   (Site not responding. Last check: 2007-11-04)
To put the point more simply, the various limitations and exceptions on rights that traditionally have been a part of the fabric of copyright are not results of legislative or judicial inattention; rather, these apparent "gaps" in protection actually are essential features of the overall design.
Although schools and libraries are among the largest purchasers of copyrighted materials in the United States, their most typical and beneficial activities, from classroom teaching and scholarly research to the lending of books and other materials, would not be possible without the built-in fairness safeguards that limitations and exceptions to copyright provide.
Indeed, these relevant provisions of the treaties directly contemplate exceptions to national anti-circumvention legislation for uses that are the subject of exceptions and limitations to copyright itself.
energycommerce.house.gov /108/Hearings/05122004hearing1265/Jaszi1992.htm   (3698 words)

Brazil and Chile's calls for a series of public interest exceptions to be entrenched in a future treaty on the rights of broadcasting organisations took centre stage during negotiations at the World Intellectual Property Organisation (WIPO) from 21-23 November.
The same day, Brazil made a proposal (SCCR/13/3) calling for a general public interest clause, a broad copyright limitation and exception clause, and a minimum list of exceptions to be present in a future treaty.
The Civil Society Coalition (CSC), a group of 28 public interest non-governmental organisations (NGOs), welcomed the Chilean proposal, and issued a statement indicating that the limitations and exceptions are essential to ensuring that the copyright system is consistent with the public interest, human rights and the promotion of new creativity.
www.ictsd.org /weekly/05-11-30/story6.htm   (742 words)

 Wikinfo | Fair dealing
Fair dealing is a doctrine of limitations and exceptions to copyright which is found in many of the common law jurisdictions of the Commonwealth of Nations (the former British Empire).
In practice, common law courts might rule that actions with a commercial character, which might be naively assumed to fall into one of these categories, were in fact infringements of copyright as fair dealing is not as flexible concept as the American concept of fair use.
Procedurally, a defendant is required to prove that his or her dealing with a work has been fair; however, the fair dealing exception is perhaps more properly understood as an integral part of the Copyright Act than simply a defence.
www.wikinfo.org /wiki.php?title=Fair_dealing   (1281 words)

This paper discusses the limitations and exceptions that exist within the international copyright system as they relate to developing countries' access to creative works.
It notes that the role of copyright in disseminating information and promoting welfare can only be effectively realised when copyright law reflects a balance between the competing interests of protection and access.
Specifically with regard to education and basic scientific knowledge, she contends that limitations and exceptions within copyright law are an important component in creating an environment in which domestic economic initiatives and development policies can take root, since a well-informed, educated and skilled citizenry is indispensable to the development process.
www.ictsd.org /weekly/05-11-09/resources.htm   (632 words)

 [A2k] The Berne 3-step test for limitations and exceptions to copyright
[Manon, can you forward this to the copyright drafting committee?] Alan Story pointed out that the copyright aspects of the A2K draft may not be consistent with the WTO's jurisprudence on the "Berne 3 step test" which appeared as Article 9(2) of the Berne Convention and grew into TRIPS Article 13.
One response which may be worth considering, is to specify in detail how to change or clarify the meaning of the test, in addition to the language quoted above which attempts to improve its results without addressing its mechanisms.
Article (c) above could be reinforced by declaring that the presence of a strong public interest contributes to the "special"-ness of an exception.
lists.essential.org /pipermail/a2k/2005-May/000379.html   (570 words)

 Intellectual Property | About
"The fair use doctrine is a body of law and court decisions which provides for limitations and exceptions to copyright protection in the United States.
Fair use is also a doctrine that applies to other areas of intellectual property law such as trademarks.
Fair use attempts to balance the interests of copyright holders with the public interest in the wider distribution and use of creative works, by allowing certain limited uses that would otherwise be considered infringement.
www.albany.edu /~ad4646/about/fairuse.html   (117 words)

 CENDI STI Manager - Item Catalog   (Site not responding. Last check: 2007-11-04)
UNESCO is proposing to study the use of limitations and exceptions to copyright in the digitial environment.
This report summarizes the International Federation of Library Assocations and Institutions (IFLA) stance on copyright in the digital environment.
IFLA believes that intellectual property laws must be balanced with effective limitations and exceptions.
cendi.dtic.mil /sti_mgr/item383.html   (101 words)

 COMMISSION D : The scope of limitations/exceptions...   (Site not responding. Last check: 2007-11-04)
The scope of limitations/exceptions from copyright and neighbouring rights protection (or "fair
Should the traditional limitations / exceptions (which, it should be underlined, provide for a fair balance between the private interests of the rights holders and those of the public) be safeguarded or adapted to the digital environment or should new ones be established?
It should be noted that the future of library services may depend on solution of this question.
www.unesco.org /artconf/pages/comd3gb.html   (72 words)

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