[pp.int.general] International day of Sharing - September 12
r.bakels at planet.nl
Sun Jun 28 13:07:27 CEST 2009
> Fair use, or as in Europe, exceptions and limitations in copyright, is
> something most people, even our opponents, can't be against. It's the
> perfect starting point for breaking the dogma of copyright never being
> able to be weakened. Because who could be against the visually
> impaired getting books more easily?
> I think it's wrong if we look at copyright as a problem only from the
> file-sharing perspective. Copyright legislation today is a labyrinth
> of problems, layer upon layer of ridiculousness. We need to identify
> problems and create solutions for each of those problems. Exceptions
> and limitations also.
I think it is *very* modest to focus on "exceptions and limitations". This
is more a passtime for *lawyers*, see e.g.
(judge yourself whether you are impressed by those proposals). The "three
step test" of the TRIPS agreement is currently the "umbrella" of both "fair
use" and "exceptions and limitations". The good news is that it exists, the
bad news is that nobody really knows what it includes. TRIPS sets rules for
national *legislators* rather than *individuals*. Legistators tend to be
cautious and tend to stay on the safe side, so national legislators may
allow less exceptions than they actually would be allowed by TRIPS.
Some copyright experrts advocate an overhaul of (European) copyright in the
sense that "exceptions and limitations" are no longer treated as exceptions,
but as an integral part of copyright. The word "limitation" implies that you
start with the normal 100% case, and deduct from that. Why not start from
the perception that freedom is the principle rule, and exclusive rights are
A more radical proposal would be to implement some sort of "first sale"
doctrine, allowing free re-publication once something has been publlished.
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