Right To Quote
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Right To Quote
Right to quote or right of quotation or quotation right is one of the copyright exceptions provided by the Berne Convention, article 10: "It shall be permissible to make quotations ... provided that their making is compatible with fair practice, and their extent does not exceed that justified by the purpose". With different language, it was already present in the 1908 revision of the treaty. Implementation National legislations usually embody the Berne Convention limits in one or more of the following requirements: * the cited paragraphs are within a reasonable limit (varying from country to country), * clearly marked as quotations and fully referenced, * the resulting new work is not just a collection of quotations, but constitutes a fully original work in itself. In some countries the intended use of the work (educational, scientific, parodist, etc.) may also be a factor determining the scope of this right. Europe The right to quote is especially important in continental E ...
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Copyright Exceptions
Limitations and exceptions to copyright are provisions, in local copyright law or the Berne Convention, which allow for copyrighted works to be used without a license from the copyright owner. Limitations and exceptions to copyright relate to a number of important considerations such as market failure, freedom of speech, education and equality of access (such as by the visually impaired). Some view limitations and exceptions as "user rights"—seeing user rights as providing an essential balance to the rights of the copyright owners. There is no consensus among copyright experts as to whether user rights are rights or simply limitations on copyright. The concept of user rights has been recognised by courts, including the Canadian Supreme Court, which classed "fair dealing" as such a user right. These kinds of disagreements in philosophy are quite common in the philosophy of copyright, where debates about jurisprudential reasoning tend to act as proxies for more substantial disagre ...
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Berne Convention
The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, was an international assembly held in 1886 in the Swiss city of Bern by ten European countries with the goal to agree on a set of legal principles for the protection of original work. They drafted and adopted a multi-party contract containing agreements for a uniform, crossing border system that became known under the same name. Its rules have been updated many times since then. The treaty provides authors, musicians, poets, painters, and other creators with the means to control how their works are used, by whom, and on what terms. In some jurisdictions these type of rights are being referred to as copyright. The United States became a party in 1989. As of November 2022, the Berne Convention has been ratified by 181 states out of 195 countries in the world, most of which are also parties to the Paris Act of 1971. The Berne Convention introduced the concept that prote ...
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Convention For The Protection Of Literary And Artistic Works/Articles 1 To 21
Convention may refer to: * Convention (norm), a custom or tradition, a standard of presentation or conduct ** Treaty, an agreement in international law * Convention (meeting), meeting of a (usually large) group of individuals and/or companies in a certain field who share a common interest ** Fan convention, a gathering of fans of a particular media property or genre ** Gaming convention, centered on role-playing games, collectible card games, miniatures wargames, board games, video games, and the like ** Political convention, a formal gathering of people for political purposes * Trade fair * Bridge convention, a term in the game of bridge * Convention (Paris Métro), a station on line 12 of the Paris Métro in the 15th arrondissement * "The Convention" (''The Office'' episode) * "Convention" (''Malcolm in the Middle'' episode) See also * Conference * National Convention (other) The National Convention was the first republican legislative body of the French Revolution, th ...
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Convention For The Protection Of Literary And Artistic Works (Berlin Act, 1908)
The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, was an international assembly held in 1886 in the Swiss city of Bern by ten European countries with the goal to agree on a set of legal principles for the protection of original work. They drafted and adopted a multi-party contract containing agreements for a uniform, crossing border system that became known under the same name. Its rules have been updated many times since then. The treaty provides authors, musicians, poets, painters, and other creators with the means to control how their works are used, by whom, and on what terms. In some jurisdictions these type of rights are being referred to as copyright. The United States became a party in 1989. As of November 2022, the Berne Convention has been ratified by 181 states out of 195 countries in the world, most of which are also parties to the Paris Act of 1971. The Berne Convention introduced the concept that prote ...
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Quotations
A quotation is the repetition of a sentence, phrase, or passage from speech or text that someone has said or written. In oral speech, it is the representation of an utterance (i.e. of something that a speaker actually said) that is introduced by a quotative marker, such as a verb of saying. For example: John said: "I saw Mary today". Quotations in oral speech are also signaled by special prosody in addition to quotative markers. In written text, quotations are signaled by quotation marks. Quotations are also used to present well-known statement parts that are explicitly attributed by citation to their original source; such statements are marked with ( punctuated with) quotation marks. Quotations are often used as a literary device to represent someone's point of view. They are also widely used in spoken language when an interlocutor wishes to present a proposition that they have come to know via hearsay. As a literary device A quotation can also refer to the repeated use of unit ...
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Continental Europe
Continental Europe or mainland Europe is the contiguous continent of Europe, excluding its surrounding islands. It can also be referred to ambiguously as the European continent, – which can conversely mean the whole of Europe – and, by some, simply as the Continent. When Eurasia is regarded as a single continent, Europe is treated as a subcontinent, and called as European subcontinent. The old notion of Europe as a cultural term was centred on core Europe (''Kerneuropa''), the continental territory of the historical Carolingian Empire, corresponding to modern France, Italy, German-speaking Europe and the Benelux states (historical Austrasia). This historical core of "Carolingian Europe" was consciously invoked in the 1950s as the historical ethno-cultural basis for the prospective European integration (see also Multi-speed Europe). Usage The most common definition of Mainland Europe excludes these continental islands: the Greek Islands, Cyprus, Malta, Sicily, Sa ...
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Fair Dealing
Fair dealing is a limitation and exception to the exclusive rights granted by copyright law to the author of a creative work. Fair dealing is found in many of the common law jurisdictions of the Commonwealth of Nations. Fair dealing is an enumerated set of possible defences against an action for infringement of an exclusive right of copyright. Unlike the related United States doctrine of fair use, fair dealing cannot apply to any act which does not fall within one of these categories, although common law courts in some jurisdictions are less stringent than others in this regard. In practice, however, such courts might rule that actions with a commercial character, which might be naïvely assumed to fall into one of these categories, were in fact infringements of copyright, as fair dealing is not as flexible a concept as the American concept of fair use. There are similar limitations and exceptions to copyright, such as the right to quote, also in the Berne Convention and in t ...
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Fair Dealing
Fair dealing is a limitation and exception to the exclusive rights granted by copyright law to the author of a creative work. Fair dealing is found in many of the common law jurisdictions of the Commonwealth of Nations. Fair dealing is an enumerated set of possible defences against an action for infringement of an exclusive right of copyright. Unlike the related United States doctrine of fair use, fair dealing cannot apply to any act which does not fall within one of these categories, although common law courts in some jurisdictions are less stringent than others in this regard. In practice, however, such courts might rule that actions with a commercial character, which might be naïvely assumed to fall into one of these categories, were in fact infringements of copyright, as fair dealing is not as flexible a concept as the American concept of fair use. There are similar limitations and exceptions to copyright, such as the right to quote, also in the Berne Convention and in t ...
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Fair Use
Fair use is a doctrine in United States law that permits limited use of copyrighted material without having to first acquire permission from the copyright holder. Fair use is one of the limitations to copyright intended to balance the interests of copyright holders with the public interest in the wider distribution and use of creative works by allowing as a defense to copyright infringement claims certain limited uses that might otherwise be considered infringement. Unlike "fair dealing" rights that exist in most countries with a British legal history, the fair use right is a general exception that applies to all different kinds of uses with all types of works and turns on a flexible proportionality test that examines the purpose of the use, the amount used, and the impact on the market of the original work. The doctrine of "fair use" originated in the Anglo-American common law during the 18th and 19th centuries as a way of preventing copyright law from being too rigidly applied ...
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Quotation
A quotation is the repetition of a sentence, phrase, or passage from speech or text that someone has said or written. In oral speech, it is the representation of an utterance (i.e. of something that a speaker actually said) that is introduced by a quotative marker, such as a verb of saying. For example: John said: "I saw Mary today". Quotations in oral speech are also signaled by special prosody in addition to quotative markers. In written text, quotations are signaled by quotation marks. Quotations are also used to present well-known statement parts that are explicitly attributed by citation to their original source; such statements are marked with ( punctuated with) quotation marks. Quotations are often used as a literary device to represent someone's point of view. They are also widely used in spoken language when an interlocutor wishes to present a proposition that they have come to know via hearsay. As a literary device A quotation can also refer to the repeated use of un ...
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Copyright Law
A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States. Some jurisdictions require "fixing" copyrighted works in a tangible form. It is often shared among multiple authors, each of whom holds a set of rights to use or license the work, and who are commonly referred to as rights holders. These rights frequently include reproduction, control over derivative works, distribution, public performance, and moral rights such as attribution. Copyrights can be granted by public law and are in that case considered "territorial rig ...
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