Poorly organized newly formed Tropical Depression Fifteen is expected to pass near the eastern Cabo Verde Islands on October 15, 2019. The storm formed 21:00 UTC on October 14. It is expected to strengthen into a tropical storm later today and be named Nestor. At...
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As regards the use of copyrighted material within the European Union. The European Directive 2001/29/EC of the European Parliament and of the Council of May 22, 2001 on the harmonization of certain aspects of copyright and related rights in the information society provides in its art. 5 an exhaustive list of exemptions that can be implemented by the Member States.
Amongst that list, the exemption(s) invoked must cover the reproduction and communication to the public (since the publication on the Internet implies those two acts). Generally, exemptions will be based on the purpose of the intended use. For instance, the Directive provides for an exemption to the exclusive right of reproduction and communication to the public when it is made for the sole purpose of illustration for teaching or scientific research, as long as the source, including the author’s name, is indicated, unless this turns out to be impossible and to the extent justified by the non-commercial purpose to be achieved.
Another exemption is “reproduction by the press, communication to the public or making available of published articles on current economic, political or religious topics or of broadcast works or other subject-matter of the same character, in cases where such use is not expressly reserved, and as long as the source, including the author’s name, is indicated, or use of works or other subject-matter in connection with the reporting of current events, to the extent justified by the informatory purpose and as long as the source, including the author’s name, is indicated, unless this turns out to be impossible”.
The economic benefit of fair use
A balanced copyright law provides an economic benefit to many high tech businesses such as search engines and software developers. Fair Use is also crucial to non-technology industries such as insurance, legal services, and newspaper publishers. On September 12, 2007, the Computer and Communications Industry Association (CCIA), a group representing companies including Google Inc., Microsoft Inc., Oracle Corporation, Sun Microsystems, Yahoo and other high tech companies, released a study that found that Fair Use exceptions to US copyright laws were responsible for more than $4,500 billion dollars in annual revenue for the United States economy representing one-sixth of the total US GDP. The study was conducted using a methodology developed by the World Intellectual Property Organization. The study found that fair use dependent industries are directly responsible for more than eighteen percent of US economic growth and nearly eleven million American jobs. “As the United States economy becomes increasingly knowledge-based, the concept of fair use can no longer be discussed and legislated in the abstract. It is the very foundation of the digital age and a cornerstone of our economy,” said Ed Black, President and CEO of CCIA. “Much of the unprecedented economic growth of the past ten years can actually be credited to the doctrine of fair use, as the Internet itself depends on the ability to use content in a limited and unlicensed manner.”
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