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6 - Article 10(1) Berne: Fair Practice

Published online by Cambridge University Press:  26 October 2020

Tanya Aplin
Affiliation:
King's College London
Lionel Bently
Affiliation:
University of Cambridge
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Summary

The single most important of the conditions for the availability of the exception is that the quotation be ‘compatible with fair practice’. As noted in Chapter 2, it was the introduction of the concept of fair practice that enabled the parties to agree on a quotation exception. Previous attempts to reach an international consensus, which had sought to limit quotation by reference to type of work, extent of taking or purpose had failed to provide a sufficiently flexible criterion. The concept of ‘fair practice’ (or ‘bons usages’) proved the magic solution.

Type
Chapter
Information
Global Mandatory Fair Use
The Nature and Scope of the Right to Quote Copyright Works
, pp. 140 - 189
Publisher: Cambridge University Press
Print publication year: 2020

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