Subject: International definition of "fair use"

From: Harald Alvestrand <[email-masked]>
Date: Thu, 29 Jan 2009 13:58:25 +0100

With a few pointers, I found the following text in the Berne convention.

Since the issue of "fair use" comes up on the IETF list now and again, I 
thought it might be useful to quote the definition here.

I hope this use of the text falls within the area of fair use :-)

  BERNE CONVENTION FOR THE PROTECTION OF
  LITERARY AND ARTISTIC WORKS (Paris Text 1971)

------------------------------------------------------------------------

    Article 10

(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, including quotations from 
newspaper articles and periodicals in the form of press summaries.

(2) It shall be a matter for legislation in the countries of the Union, 
and for special agreements existing or to be concluded between them, to 
permit the utilization, to the extent justified by the purpose, of 
literary or artistic works by way of illustration in publications, 
broadcasts or sound or visual recordings for teaching, provided such 
utilization is compatible with fair practice.

(3) Where use is made of works in accordance with the preceding 
paragraphs of this Article, mention shall be made of the source, and of 
the name of the author, if it appears thereon.

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---

From: Scott Brim <[email-masked]>
Date: Thu, 29 Jan 2009 08:41:59 -0500

Excerpts from Harald Alvestrand on Thu, Jan 29, 2009 01:58:25PM +0100:
> Since the issue of "fair use" comes up on the IETF list now and
> again, I  thought it might be useful to quote the definition here.

If only it actually defined it.  Instead it says follow fair
practice, the details are up to the country governments, but whatever
that might be, when you do it you should cite the source.

>  BERNE CONVENTION FOR THE PROTECTION OF LITERARY AND ARTISTIC WORKS
>  (Paris Text 1971)
>
> 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, including quotations
> from  newspaper articles and periodicals in the form of press
> summaries.
>
> (2) It shall be a matter for legislation in the countries of the
> Union,  and for special agreements existing or to be concluded
> between them, to  permit the utilization, to the extent justified by
> the purpose, of  literary or artistic works by way of illustration
> in publications,  broadcasts or sound or visual recordings for
> teaching, provided such  utilization is compatible with fair
> practice.
>
> paragraphs of this Article, mention shall be made of the source, and
> of  the name of the author, if it appears thereon.

---

From: "Steven M. Bellovin" <[email-masked]>
Date: Thu, 29 Jan 2009 08:46:37 -0500

And official US guidance on it is at
http://www.copyright.gov/fls/fl102.html
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From: TSG <[email-masked]>
Date: Thu, 29 Jan 2009 07:39:32 -0800

Harald Alvestrand wrote:
> Since the issue of "fair use" comes up on the IETF list now and again, 
> I thought it might be useful to quote the definition here.
>
Unless the incorporation status and by laws of the IETF and its Trust 
are changed to address International conventions like Berne or Hague it 
is mandatory that the IETF meet US standards as a US Incorporated 
entity. The IETF may opt to *** ALSO *** meet other standards but as a 
US Corporation or US registered entity, it *** WILL *** meet US Laws or 
be open to challenges as to its corporate umbrella.

Your problem is that there is a requirement to not move the Copyrigtht 
out from under US Law which is what you are talking about since the term 
Fair Use is a copyright term.

But hey...

Todd Glassey
> their making is compatible with fair practice, and their extent does 
> not exceed that justified by the purpose, including quotations from 
> Union, and for special agreements existing or to be concluded between 
> them, to permit the utilization, to the extent justified by the 
> purpose, of literary or artistic works by way of illustration in 
> publications, broadcasts or sound or visual recordings for teaching, 
> provided such utilization is compatible with fair practice.
>

---

From: "Endre Jarraux Walls" <[email-masked]>
Date: Thu, 29 Jan 2009 12:24:39 -0500

Question - would that mean that works performed within the IETF, regardless
of where they're done would fall under US copyright laws?

Endre Jarraux Walls

-----Original Message-----
From: [email-masked] [mailto:[email-masked]] On Behalf Of
TSG
Sent: Thursday, January 29, 2009 10:40 AM
To: Harald Alvestrand
Cc: [email-masked]
Subject: Re: International definition of "fair use"

But hey...

Todd Glassey

---

From: TSG <[email-masked]>
Date: Thu, 29 Jan 2009 11:21:30 -0800

> of where they're done would fall under US copyright laws?
Thats exactly what it means. The issue is the legal-jurisdiction of the 
entity who is sponsoring the license language. That language would be 
constrained by US Law's since the IETF's processes are constrained by US 
Federal and State Corporate Law.

If for instance the IETF were to take the copyright statement off of the 
works then they could be usable everywhere. Or one would think that the 
FCPA (foreign corrupt practices act) might also figure in but hey - I am 
not a lawyer so what do I know.

Todd Glassey