Limitations and exceptions to copyright
Limitations and exceptions to copyright are provisions, in local copyright law or Berne Convention, which allow for copyrighted works to be used without a license from the copyright owner.
- Limitations and exceptions to copyright28 related topics
Copyright
Type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time.
A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States.
TRIPS Agreement
International legal agreement between all the member nations of the World Trade Organization (WTO).
National exceptions to copyright (such as "fair use" in the United States) are constrained by the Berne three-step test.
Public domain
The public domain consists of all the creative work to which no exclusive intellectual property rights apply.
However, the usage of the term public domain can be more granular, including for example uses of works in copyright permitted by copyright exceptions.
Fair use
Doctrine in United States law that permits limited use of copyrighted material without having to first acquire permission from the copyright holder.
Although related, the limitations and exceptions to copyright for teaching and library archiving in the U.S. are located in a different section of the statute.
Fair dealing
Fair dealing is a limitation and exception to the exclusive right granted by copyright law to the author of a creative work.
Copyright for Creativity
Intended as a statement of how copyright policy could be constructed in the Internet Age.
The declaration has been written by a group from political party "European People's Party (EPP)" The Declaration focuses on both the exclusive rights and the limitations and exceptions to existing copyright rulings and standards.
Berne three-step test
Clause that is included in several international treaties on intellectual property.
Signatories of those treaties agree to standardize possible limitations and exceptions to exclusive rights under their respective national copyright laws.
Copyright infringement
Use of works protected by copyright without permission for a usage where such permission is required, thereby infringing certain exclusive rights granted to the copyright holder, such as the right to reproduce, distribute, display or perform the protected work, or to make derivative works.
The laws implementing these limitations and exceptions for uses that would otherwise be infringing broadly fall into the categories of either fair use or fair dealing.
Parody
Creative work designed to imitate, comment on, and/or make fun of its subject by means of satiric or ironic imitation.
Although a parody can be considered a derivative work of a pre-existing, copyrighted work, some countries have ruled that parodies can fall under copyright limitations such as fair dealing, or otherwise have fair dealing laws that include parody in their scope.
Right to quote
Right to quote or right of quotation or quotation right is one of the copyright exceptions provided by the Berne Convention, article 10: "It shall be permissible to make quotations ... provided that their making is compatible with fair practice, and their extent does not exceed that justified by the purpose".