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Foundation of Library and Information Science

Notes 13.1.5 Infringement

Copyright in a work is deemed to be infringed:
1. When any person without a license from the owner of the copyright, or the Registrar of
Copyright (in certain situations) or in contravention of the conditions of a license,

does anything the exclusive right to do which belongs to the copyright owner, or
knowingly permits for profit any place to be used for the performance of the work
in public which continues an infringement of the work, or

2. When any person, makes for sale or hire, or sells or lets for hire, or offers for sale or hire,
or exhibits in public for trade or import (except two copies other than cinematography
film or record for personal use) any infringing copies of the week.
In general, it is the commercial exploitation of the work in any form by a person without
authority that constitutes infringement.
13.1.6 Limitations and Exceptions

Limitations on the rights of authors and other owners of copyright concerns particular acts of
exploitation, normally requiring the authorization of the owner of rights, which may, under
circumstances specified in the law, be done without authorization. These limitations take into
account, social, educational and other public policy considerations. International Treaties, as
well as national laws, allow to freely use limited portions of a work for certain purposes, such
as news reporting, or making quotations in a way compatible with fair practices, or by way of
illustration for teaching.
There are two basic types of limitations in this category:
Free uses, which are acts of exploitation of works that may be carried out without
authorization and without an obligation to compensate the owner of rights for the use;
Non-voluntary licenses, under which the acts of exploitation may be carried out without
authorization, but with the obligation to compensate the owner of rights.

Example: The making of quotations from a protected work, provided that the source of
the quotation, including the name of the author, is mentioned and that the extent of the quotation
is compatible with fair practice; use of works by way of illustration for teaching purposes; and
use of works for the purpose of news reporting.
In some countries when the broadcasting of a work has been authorized, many national laws
permit the broadcasting organization to make a temporary recording (“ephemeral recording”)
of the work for the purposes of broadcasting, even if no specific authorization of the act of
recording has been given.
In respect of the right of reproduction, the Berne Convention contains also a general rule, rather
than explicit detailed limitations. Article 9(2) provides that member States may provide for free
reproduction in “certain special cases” where the acts do not conflict with a normal exploitation
of the work and do not unreasonably prejudice the legitimate interests of the author. Under this
general exception, numerous laws contain provisions allowing reproduction of a work
exclusively for the personal, private and non-commercial use of individuals. However, the ease
and quality of this individual copying, made possible by audiotaping or videotaping and even
more recent technological improvements, has led some countries to narrow the scope of such
provisions.

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