Re: International definition of "fair use"

[Scott Brim <sbrim at cisco.com>]

Excerpts from Harald Alvestrand on Thu, Jan 29, 2009 01:58:25PM +0100:
> With a few pointers, I found the following text in the Berne
> convention.
>
> Since the issue of "fair use" comes up on the IETF list now and
> again, I  thought it might be useful to quote the definition here.

If only it actually defined it.  Instead it says follow fair
practice, the details are up to the country governments, but whatever
that might be, when you do it you should cite the source.

>  BERNE CONVENTION FOR THE PROTECTION OF LITERARY AND ARTISTIC WORKS
>  (Paris Text 1971)
>
> ------------------------------------------------------------------------
>
>
>    Article 10
>
> (1) It shall be permissible to make quotations from a work which has
> already been lawfully made available to the public, provided that
> their  making is compatible with fair practice, and their extent
> does not  exceed that justified by the purpose, including quotations
> from  newspaper articles and periodicals in the form of press
> summaries.
>
> (2) It shall be a matter for legislation in the countries of the
> Union,  and for special agreements existing or to be concluded
> between them, to  permit the utilization, to the extent justified by
> the purpose, of  literary or artistic works by way of illustration
> in publications,  broadcasts or sound or visual recordings for
> teaching, provided such  utilization is compatible with fair
> practice.
>
> (3) Where use is made of works in accordance with the preceding
> paragraphs of this Article, mention shall be made of the source, and
> of  the name of the author, if it appears thereon.
_______________________________________________
Ipr-wg mailing list
Ipr-wg at ietf.org
https://www.ietf.org/mailman/listinfo/ipr-wg