EU directive "use in certain other cases of minor importance"

In-Reply-To: <memo.759723[_at_]cix.compulink.co.uk> The EU "Infosoc Directive" (2001/29/EC: http://tinyurl.com/8pa7m) includes as Article 5(3)o:

"Member States may provide for exceptions or limitations to the rights provided for in Articles 2 and 3 [the exclusive right of the author to authorise] in the following cases: ... use in certain other cases of minor importance where exceptions or limitations already exist under national law, provided that they only concern analogue uses and do not affect the free circulation of goods and services within the Community, without prejudice to the other exceptions and limitations contained in this Article."

Can any learned list member supply me with examples of the exceptions that this portmanteau exception preserved in national legislation?

(I'm assuming we're looking for the Danish or Spanish equivalents of the US State Fair Exception here?)

And: I am editing a text which says that in the EU "Authors cannot waive their moral rights in contracts (except for special uses of minor importance)."

What would those special uses be?

Thanks in advance,

Mike Holderness Received on Thu May 12 2005 - 01:05:00 GMT