Defences to Copyright

Article 5 of the Copyright Directive 2001/29 sets out various instances where copying one's work will not be infringement.

Caching - where a computer for example stores a copy of the works.

Private Use - this must not be a commercial use and will allow copying of, for example, music and films for use in the same household.

Educational Use - i.e. Libraries and academic institutions.

Teaching and Research - for example use by students or teachers in the academic process.

News - this would allow the use of copyright material to convey current news events to the public.

Regardless of the exemptions above it is always a sensible idea to acknowledge the author at use. So for example, you may notice that when one News Station is reporting sports news, it may use footage from another TV channel, you will notice that the name of that channel is always identified on the screen.

Article kindly supplied by Lawdit Solicitors, specialists in intellectual property, internet and e-commerce issues. Lawdit offer discounted fees for all Freelance Alliance members.


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