Andrew Ho <[EMAIL PROTECTED]> wrote:
> 
> On Thu, 16 Oct 2003, Tim Churches wrote:
> > > > http://www.ukoln.ac.uk/services/elib/papers/pa/fair/intro.html
> ...
> > > This set of guidelines are clearly flawed. Not making the needed
> > > distinction between part vs. all is a huge problem.
> 
> > I think you will find, Andrew, that the guidelines are merely
> > interpreting the underlying UK copyright legislation, which under
> the
> > Berne convention is broadly similar to copyright legislation is
> just
> > about every other rich country (and most Two- Thirds World
> countries).
> 
> Not so, please see Berne Convention (Paris text 1971):
>   http://www.law.cornell.edu/treaties/berne/10.html
> Article 10 covering Fair use:
> 
> ------- begin quote
> 
> (1) It shall be permissible to make quotations from a work which has
> already been lawfully made available to the public, provided that
> their
> making is compatible with fair practice, and their extent does not
> exceed
> that justified by the purpose ...
> 
> ------ end quote

Sure. But my point is that the "fair practice" is actually codified in copyright law - 
at least it is here in Australia, and I suspect in the UK too. Indeed, the "fair 
practice" provisions for (to quote the Copyright Act) "a computer program or an 
electronic compilation, such as a database" are different and not as liberal as for 
literature or dramatic works. The usual "10% excerpt" rule seems only to apply to 
the latter, not to databases etc. Perhaps an IP lawyer can cast more light on this?

Tim C

Reply via email to