Copyright is subject to certain limitations. The limitations are applied to works which are either disseminated or published. A work is considered disseminated when it is lawfully made available to the public. A work is again considered published when copies have first been placed on sale or otherwise been distributed to the public with the author's consent.
One main limitation is the right for private persons to produce a few copies of a disseminated work for own personal use. Such copies may not be used for any other purpose. This does not, however, as a main rule, apply to computer programs.
In order to enhance creative work, there is a rule according to which a disseminated work may be quoted, in accordance with normal or proper usage, to the extent necessary for the purpose of the quotation.
Articles in newspapers and periodicals covering topics such as current political, religious or economic issues may be included in other newspapers and periodicals, unless reproduction is expressly prohibited.
A copyright holder's right is further restricted by a rule according to which a published work may be publicly performed in certain situations. Such occasions are, amongst others divine services, performances for educational purposes, situations where the performance is not the main feature of an event (provided that no admission fee is charged and that the event is a non-profit event). Further the rule covers situations where the performance is connected to purposes for the common good provided that the performer(s) receive no payment for their performance. This rule does not apply to dramatic works or movies.
When a work, with the consent of the holder of the right to the work, has been sold or otherwise transferred to the public anywhere in the world, this copy may freely be further distributed and publicly exhibited. If the work is subject to a so called neighbouring right, this applies only if the work has been duly sold or transferred within the territory of the European Economic Area. In practice this difference means that for example a right for a producer of a computer program to a specific copy of the program lapses when this copy of the program is duly sold or otherwise transferred for example in the United States. Again for holders of so called neighbouring rights, for example performing artists, the exclusive right to a certain copy lapses only if the due selling or transferring takes place within the European Economic Area.
Some works are subject to usage through a licence system. In some cases this is compulsory, i.e. the holder of the copyright has to accept the usage for a certain compensation. In other cases the licences are based on agreements. In these cases organisations that represent the authors form agreements with the users regarding the term of usage, e.g. how many copies and for what price.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
ARTICLE
8 May 1997