WIPO Copyright Treaty - Worldwide DMCA

Claus Färber list-fsf-eu-discussion at faerber.muc.de
Wed Aug 8 11:10:00 UTC 2001


MJ Ray <markj at cloaked.freeserve.co.uk> schrieb/wrote:
> Indeed, but the problem is that you are only given a licence by
> the copyright holder to use the content.  What conditions that
> they put on it is up to them and your only choice is to not
> purchase ...

Absolutly not. This is what the copyright owners[2] want to make  
you think but it just is not the true legal situation:

The copyright does only cover some types of usage: making verbatim  
copies and public performance. To this general rule, there are  
exceptions often referred to as "fair use"[1].

For private performance or whatever falls under fair use, you do  
not need a licence nor can the copyright owner restrict that.

Only if you want to use the copyrighted work in a way that is not  
already allowed due to exemptions of copyright do you need a  
licence.

Claus

[1] What constitutes fair use is usually different in each
    legislation.
[2] I'll just use the term "copyright". But remember that in
    Continental Europe the whole copyright system differs a bit.
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