Re: International definition of "fair use"

[TSG <tglassey at earthlink.net>]

Endre Jarraux Walls wrote:
> Question - would that mean that works performed within the IETF, regardless
> of where they're done would fall under US copyright laws?
>   
Thats exactly what it means. The issue is the legal-jurisdiction of the 
entity who is sponsoring the license language. That language would be 
constrained by US Law's since the IETF's processes are constrained by US 
Federal and State Corporate Law.

If for instance the IETF were to take the copyright statement off of the 
works then they could be usable everywhere. Or one would think that the 
FCPA (foreign corrupt practices act) might also figure in but hey - I am 
not a lawyer so what do I know.

Todd Glassey

> Endre Jarraux Walls
>
> -----Original Message-----
> From: ipr-wg-bounces at ietf.org [mailto:ipr-wg-bounces at ietf.org] On Behalf Of
> TSG
> Sent: Thursday, January 29, 2009 10:40 AM
> To: Harald Alvestrand
> Cc: ipr-wg at ietf.org
> Subject: Re: International definition of "fair use"
>
> Harald Alvestrand wrote:
>   
> > 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.
> >
> > I hope this use of the text falls within the area of fair use :-)
> >     
> Unless the incorporation status and by laws of the IETF and its Trust 
> are changed to address International conventions like Berne or Hague it 
> is mandatory that the IETF meet US standards as a US Incorporated 
> entity. The IETF may opt to *** ALSO *** meet other standards but as a 
> US Corporation or US registered entity, it *** WILL *** meet US Laws or 
> be open to challenges as to its corporate umbrella.
>
> Your problem is that there is a requirement to not move the Copyrigtht 
> out from under US Law which is what you are talking about since the term 
> Fair Use is a copyright term.
>
> But hey...
>
> Todd Glassey
>   
> >  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.
> >
> >
> > _______________________________________________
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> >
> >     
>
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>   

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