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Copyright > Module 10 > Flashcards

Module 10 Flashcards

1
Q

What is a quotation according to the Oxford Dictionary?

A

A quotation is a group of words taken from a text or speech and repeated by someone other than the original author or speaker; or a short musician passage of visual image taken from one piece of musical work of art and used in another.

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2
Q

Can quotation be taken from any category?

A

Yes.

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3
Q

What is the exception for quotation?

A

One of the basic exceptions to an author’s economic rights.

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4
Q

Where in the Berne Convention is the quotation explicitly mentioned?

A

In article 10 section 1.

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5
Q

Is the exception of quotation in article 10 section 1 of the Berne Convention mandatory?

A

Yes.

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6
Q

What is article 10 section 1 of the Berne Convention?

A

…

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7
Q

What are the conditions of the permissible quotation determined article 10 section 1 of the Berne Convention?

A

It shall be permissible to make quotations from a work, which has already been lawfully made available to the public, provided that they are making compatible with practice and their extent does not exceed that justified both by the purpose including quotations from newspaper articles and periodicals in the form of press summaries.

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8
Q

Does the provision in article 10 section 1 of the Berne Convention contain any restrictions regarding different categories of works?

A

No.

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9
Q

What is the criterion for assessing according to article 10 section 1 of the Berne Convention?

A

The wording.

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10
Q

Did the Berne Convention specify the individual purposes of the quotation?

A

No.

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11
Q

Which purposes were mentioned during preparatory legislative work?

A

scientific, critical, inflammatory, educational, judicial, political, entertainment.

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12
Q

What is the condition shaping the moral rights of the author according to article 10 section 3 of the Berne Convention?

A

The name of the author and the source shall be mentioned.

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13
Q

What specific type of quotation is mentioned by article 10 section 2 of the Berne Convention?

A

Quotation from newspaper articles and periodicals in the form of press summaries.

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14
Q

What does article 10 section 2 of the Berne Convention permit?

A

It permits words to be used in press reviews which are collections of quotations from various newspapers and journals.

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15
Q

Where is provided the exception for quotations in EU law?

A

The exception for quotations in European Union law is provided for in article 5 section 3 of the Information Society directive.

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16
Q

What does article 5 section 3 of the Information Society directive cover?

A

It covers the exception to the right of reproduction and the right of communication to the public.

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17
Q

What may member states allow according to article 5 section 3 of the Information Society directive?

A

Exceptions or limitations.

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18
Q

What is the use of literary and artistic works for educational purposes?

A

One exception to economic rights permitted under copyright law.

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19
Q

What does the Berne Convention provide regarding the use of literary and artistic works for educational purposes?

A

The Berne Convention only provides the general framework, while the detailed regulations in this area are to be determined by the contracting states.

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20
Q

What does article 10 section 2 of the Berne Convention provide regarding the use of literary and artistic works for educational purposes?

A

According to article 10 section 2 of the Berne Convention this exception allows for the utilization to the extent justified by the purpose of literary or artistic works by way of illustration in publications broadcasts, or sound, or visual recordings for teaching provided such utilization is compatible with fair practice. Generally speaking this provision allows a work to be utilized as a means of illustration for the purpose of teaching.

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21
Q

What does teaching mean?

A

Teaching means teaching at all levels of education and in all types of schools including distance learning. Teaching is a process of transferring knowledge to other people but this definition does not extend to the testing of such knowledge.

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22
Q

What is the term illustration itself?

A

The term illustration itself is a limitation on the use of a work.

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23
Q

Should the three step test to be considered in this matter?

A

Yes.

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24
Q

What is broadcasting by its very nature?

A

Broadcasting is by its very nature a means of dissemination in which control of the recipients is impossible; anyone can pick up a signal, not only those people whom it was aimed at for teaching purposes.

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25
Q

Is broadcasting permissible even if it reaches more people than intended?

A

Yes.

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26
Q

What is article 10 section 3 of the Berne Convention?

A

…

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27
Q

What member states may allow according to article 5 section 3A?

A

Member States may allow exceptions or limitations in following situation: use for the sole purpose of illustration, for teaching or scientific research.

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28
Q

Is the scope of the Information Society directive’s scope of the exception identical to that specified in in article 10 section 2 of the Berne Convention?

A

Yes, but there are few differences between them. The scope of permissible uses appears to be slightly narrower in the European Union because work can be used for the sole purpose of illustration for teaching, hence broadcasting is excluded. The Berne Convention allows works to be used to the extent justified by the purpose and in a way that is compatible with practice, whereas the Information Society directive permit the use of work. The third difference concerns the indication of the source, which is mandatory in all cases.

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29
Q

What does the InfoSoc directive allow a source to be?

A

It allows a source to be committed if it turns out to be impossible.

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30
Q

What does the Berne Convention stipulate regarding the source?

A

It stipulates that the source should be only mentioned when it appears in the work that is used in.

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31
Q

What does the article 5 section 3A of the InfoSoc directive permit regarding scientific research?

A

It permits under the same conditions the use of a work for the sole purpose of scientific research.

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32
Q

To whom is useful the exception for scientific research?

A

To academics, researches and students.

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33
Q

Does the Berne Convention expressly provide such an exception?

A

No.

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34
Q

What is the most popular type of use for scientific research purposes?

A

Reproduction of work.

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35
Q

How many exceptions for the press are there?

A

Two.

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36
Q

What do these two exceptions for the press allow?

A

They allow the press to use certain works without the consent of their authors.

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37
Q

Where are listed these two exceptions for the press?

A

They are listed as specific exceptions in article 10 bis of the Berne Convention and in the list of permitted uses contained in article 4 of the Information Society Directive.

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38
Q

What does the first exception allow the press?

A

It allows the press to use articles on specific topics published in newspapers and magazines or broadcast works of the same character.

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39
Q

Why was the first exception of the press introduced?

A

To ensure the free flow of information.

40
Q

What do uses covered by the first exception of the press include?

A

Reproduction by the press, broadcasting and communication to the public by wire.

41
Q

Can these above mentioned uses of work somehow be excluded?

A

Yes, if the author expressly reserves his or her rights.

42
Q

To how many types is limited the scope of works that may be used?

A

Two types; articles published in newspapers or periodicals on current economic, political or religious topics and second broadcast works of the same character.

43
Q

What is a typical condition set for exceptions of the press?

A

That any articles used must be current.

44
Q

What means the term current?

A

Problems that are attracting public interest at the moment.

45
Q

Is this exception mandatory?

A

No.

46
Q

What is the equivalent of the exception of the press from article 10 bis section in the Berne Convention?

A

Article 5 section 3C of the Information Society Directive.

47
Q

Is the scope of permitted used extended in the Information Society Directive?

A

Yes.

48
Q

Why was the second exception of the press introduced?

A

It was introduced for the benefit of the press.

49
Q

What does the second exception of the press allow?

A

It allows the use of works in the reporting of current events.

50
Q

Where is the second exception mentioned in the Berne Convention?

A

In article 10 bis section 2.

51
Q

Is the second exception of the press mandatory?

A

No.

52
Q

What can be done due to the second exception of the press?

A

It is possible to reproduce or make available to the public works seen or heard in the course of an event for the purpose of reporting of that event.

53
Q

Does the second exception cover works edited especially to enhance the report?

A

No.

54
Q

In the case of the second exception of the press which work may be reproduced and made available to the public?

A

Photography, cinematography, broadcasting or communication to the public by wire.

55
Q

In the case of the second exception how much work may be used?

A

There are no quantitative indicators.

56
Q

In the case of the second exception what is the only criterion?

A

Its informative purpose.

57
Q

Why is the EU’s solution regarding the second exception of the press a broader one?

A

It allows more categories of use.

58
Q

Should the source be mentioned under EU law?

A

Yes.

59
Q

Where can we find the freedom of panorama?

A

In the legislation of civil law and common law countries.

60
Q

What is the freedom of panorama?

A

Another exception. Information Society Directive permits the use of works made to be located permanently in public places.

61
Q

What kind of works mostly represent the freedom of panorama?

A

Architecture and monuments.

62
Q

What allows the provision regarding the freedom of panorama?

A

Reproduction and further dissemination of such works.

63
Q

Describe a typical situation covered by the freedom of panorama exception.

A

…

64
Q

What should be noted about the freedom of panorama exception?

A

It includes the use of works that are exposed in public places.

65
Q

Must it be located permanently in a public place?

A

Yes.

66
Q

Is the freedom of panorama exception mandatory in the EU?

A

No.

67
Q

Does the Berne Convention contain specific provisions regarding the freedom of panorama exception?

A

No.

68
Q

What is the parody exception?

A

One popular exception that covers the use of works in parody.

69
Q

Where does the parody exception appear?

A

On the list of exceptions in article 5 of the Information Society Directive.

70
Q

In what kind of form is the parody exception written?

A

In a very brief form.

71
Q

What is the problem with the parody exception?

A

The problem is how courts understand the terms parody, caricature and pastiche.

72
Q

What justifies the parody exception?

A

Freedom of expression.

73
Q

In what case was the parody exception the subject recently?

A

In Deckmyn vs. Vandersteen.

74
Q

Explain the case Deckmyn vs. Vandersteen.

A

…

75
Q

Can parody be defined differently depending on the country and culture?

A

Yes.

76
Q

What did the Court held in the case Deckmyn vs. Vandersteen?

A

It held that essential characteristics of parody are to evoke an existing work while being noticeably different from it and to constitute an expression of humor or mockery.

77
Q

What is the use by libraries and archives exception?

A

Libraries and archives can reproduce work.

78
Q

Does the use by libraries and archives exception fall within the three step test?

A

Yes.

79
Q

Where is the use by libraries and archives listed in the Information Society Directive?

A

In article 5 section 2c.

80
Q

What can member states permit according to article 5 section 3n of the Directive?

A

Member states may permit the use of works by communication or making available for the purpose of research or private study to individual member of the public by dedicated terminals on the premises of libraries, educational establishments or museums or by archives.

81
Q

With what are authors granted in some countries?

A

With lending rights.

82
Q

With what deal the lending rights?

A

With hard copies.

83
Q

What is the people with disabilities exception?

A

The permitted use of a work for people with disabilities.

84
Q

What is mentioned in recital 43 of the preamble to the Information Society Directive regarding the people with disabilities?

A

It is important for member states to adopt all necessary measures to facilitate access to work by persons suffering from a disability which constitutes an obstacle to the use of works themselves and to pay particular attention to accessible formats.

85
Q

What is permitted according to article 5 section 3b of the Information Society Directive?

A

Exceptions to the right of reproduction and the right of communication to the public are permitted in the case of users for the benefit of people with a disability which are directly related to the disability and of non-commercial nature to the extent required by a specific disability.

86
Q

Is the reproduction of works for people with disabilities allowed under the Berne Convention?

A

Yes. Under the three step test.

87
Q

What is the exception of incidental inclusion?

A

Member states may provide for exceptions to the right of reproduction and the right of communication to the public in the case of an incidental inclusion of a work in other material.

88
Q

What are the conditions for the use of work in the case of an incidental inclusion?

A

The work has to be included in other material.

The inclusion has to be incidental.

89
Q

Give an example for incidental inclusion.

A

…

90
Q

Name some examples of other permitted uses.

A
  • use for judicial and administrative purposes
  • use during official or religious celebrations
  • use of lectures, addresses or other works of the same nature which are delivered in public
  • the use for the purpose of advertising a public exhibition or public sale of works of art
  • the use of work during the demonstration or repair of equipment.
91
Q

Is the right of reproduction broadly regulated?

A

Yes.

92
Q

What does the author’s exclusivity cover?

A

Every form in which copies are made in a digital environment.

93
Q

What did the Information Society Directive introduce?

A

It introduced an exception to economic rise that cover such uses and this is the only mandatory exception to the author’s economic rights in EU copyright law.

94
Q

Under which condition is permitted reproduction of work?

A
  • the use is a temporary act of reproduction
  • it has no independent economic significance
  • it is transient or incidental transient
  • such reproduction is allowed when the sole purpose of it is a transmission in the network between third parties via an intermediary or a lawful use.
95
Q

What does temporary mean?

A

Limited in time.

96
Q

What does the term integral mean?

A

That it is not possible to separate the reproduction from the technological process.

97
Q

What does the term essential mean?

A

That this reproduction is needed for the process to function properly.

Copyright (11 decks)

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