WIPO Copyright Sector

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Fundamental or constitutional rights or public interest: freedom of speech, access to information, right for education, enjoyment of culture

Balance between individual rights and public interest

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Limits to the scope of copyright protection: ideas, theories, simple data

Limits to the duration of protection

Exclusion of some categories of works

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Permitted uses without authorization and remuneration: fair use or fair dealing

Permitted uses by law with remuneration: mandatory or compulsory licensing system

Legislative options for Member States. Only one mandatory exception

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Excluding certain categories of works official texts of legislative, administrative and legal nature, news of the day, mere items of press information

Permitting free uses for particular purposespersonal use, quotations, parodies, criticism, use for teaching purposes, news reporting, scientific research, libraries, certain cases of reproduction, fair use or fair dealing

Establishing non-voluntary licenses recordings, broadcasting, reproduction and translation in developing countries

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Explicit and implicit exceptions General exception: Article 9(2), specific

exceptions Exceptions with relation to one or more

exploitation rights Multiple reasons: information (10bis),

education (10(2)), public access (11bis(2)), protection of certain industries (namely, recording industry (13(1)), protection of cultural goods (11bis(3))

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Four explicit exceptions. Article 15(1) private use short extracts for news purposes ephemeral fixations academic uses

Any other copyright exception. Article 15(2) Possible compulsory licensing opened for broadcasting of performances: Article 7(2)(2) broadcasting of phonograms: Article 12 communication to the public of certain

broadcasts: Article 13(d)

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WCT Article 1 to 21 Berne Convention. Article 1(4)

and agreed statement General exception: 3-step test. Article 10(1)

Existing exceptions can be kept or extended to the digital environment. New exceptions can be devised

WPPT Exceptions to the rights granted under WPPT Any other copyright exception. Article 16(1) General exception: 3-step test. Article 16(2)

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Whether new exceptions are needed in the digital environment

Whether existing exceptions from the analog environment remain appropriate in the digital environment, or need to be restricted in some way in that environment

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News reporting, criticism

Libraries and teaching purposes: reproduction of material and communication to the public and making available under certain circumstances

Private copying: quality of copies and possibility of dissemination

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Article 9(2) Berne Convention, Article 13 TRIPS Agreement, Articles 10(2) WCT and 16(2) WPPT certain special cases do not conflict with normal exploitation do not prejudice the legitimate interests of

rightholders

WTO Panel Decision, June 2000 (EU v. US)playing of radio or television broadcasts of musical works in certain bars, restaurants and other retail establishments

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Temporary electronic copies which occur as part of the technical process of making Internet transmission: ISP liability

Caching and browsing: temporary reproduction which occurs at the point of reception to enable the view of the accessed material

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News reporting, criticism

Libraries and teaching purposes: reproduction of material and communication to the public and making available under certain circumstances

Private copying: quality of copies and possibility of dissemination

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Studies and meetings Studies on limitations and exceptions in the digital

environment Information meetings on digital content for the

visually impaired and educational uses DRM study on distance education and visually

impaired Technical legal assistance to developing

countries needs of countries / implementation of treaties model law on copyright and related rights

SCCR new issue

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Use and abuse of technological measures of protection, digital rights management, and contract law

Privacy concerns: when accessing digital content and ISP’s disclosure of information and identity

Inadequate information for users: copy protection, interoperability

Right of access to public domain and protection of cultural heritage. Access to knowledge.

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