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Limitations And Exceptions

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Chapter Summary

Art. 13 authorizes Members to provide for limited exceptions to copyright protection. The provision is to be interpreted in accordance with the principle of effective treaty interpretation. The limitations and exceptions in the sense of Art. 13 must therefore be conclusive and not arbitrarily interpretable. They are thus subject to a numerus clausus. Legal theory makes a distinction between exceptions and limitations. An exception eliminates an existing exclusive right, while a limitation restricts such a right to a certain extent. In US-Section 110 (5) Copyright Act the Panel examined in a three-step test whether a national provision accords with Art. 13, limitations and exceptions to exclusive rights must thus be restricted to certain cases, not conflict with a normal exploitation of the work and not unreasonably prejudice the legitimate interests of the author.

Keywords: copyright protection; exceptions; legal theory; limitations



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