Users' rights under Berne Protocol

It worries me that there isn't more discussion of the Berne Protocol on this list. Accordingly, I want to run a proposal past list members in the hope of changing this state of affairs.

There are many clauses in the Berne Convention (and the Rome Convention) that provide for limitations on the scope of rights, and exceptions to infringement, etc. People often think only in terms of Art 9(2) of Berne, but there is more to the "users' rights" or "fair use" provisions in both Berne and Rome. See, for example, Arts 2(8), 2bis, 9(2), 10, 10bis, and 17 in the Berne Convention.

What I would like to suggest is that the Berne Protocol include a single provision that brings these threads together to create a general 'fair use' right that can be applied to all subject matter and all protected rights.

Simply to extend Art 9(2) (as the US has proposed in its submission to the Committee of Experts) does not, in my view, go far enough.

The following treaty language is suggested for consideration:

(1) It shall be a matter for legislation in the countries parties to
 this Protocol to provide for exceptions to the rights protected under  this Protocol and under the Berne Convention for purposes such as  reporting current events or the news of the day, reporting political,  legal, economic, religious or other public activities, teaching,  research or study, and criticism or review, provided that such  exceptions are compatible with fair practice, and the extent of the  exception is justified by the purpose.

(2) It shall be a matter for legislation in the countries parties to
 this Protocol to provide for exceptions to the rights protected under  this Protocol and under the Berne Convention provided that such  exceptions do not conflict with a normal exploitation of the work and  do not unreasonably prejudice the legitimate interests of the author.

Does anyone have comments to add to this?

Please raise this with your own government's delegation to the WIPO meetings if you think it would be sensible to have a simpler, more flexible and consistent users' rights clause in the international copyright regime.

     | jamie wodetzki
   \ / copyright research officer
 a c l i s
   / \ no responsibility taken for damage or harm arising from     / \ reliance on comments made by me in this context Received on Tue Apr 23 1996 - 00:48:47 GMT