Re: Re: Inquiry

Terry Carroll wrote:
> On Thu, 15 Feb 2007, Edward Barrow wrote:
>

>> Let us assume that any country where such litigation might arise is a 
>> signatory to the Berne Convention.
>>
>> Article 10(1) of the convention provides a mandatory exception...

You are quite right. However, litigation could arise in any country where the journal is published, so the
Berne analysis is not at all irrelevant to the journal's editors (and ought to provide them with considerable comfort).

I should, however, have added that the next step would be to find, in the law of the country where litigation does eventually arise, the corresponding part of domestic law. I presume that in the US it would be in fair use; in the UK, it would come under the provisions for fair dealing for criticism or review. But, in a signatory nation, it must be there, even if some legal sophistry is required to find it.

-- 
Edward Barrow
Copyright Consultant
Copyright and Licensing blog: http://www.copyweb.co.uk/
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