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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