United States of America
Copyright and Related Rights
10. Please explain how the operation of Articles 15, 18 and 21 of the Copyright Act comply with Berne Article 9(2) and TRIPS Article 13, which require limitations and exceptions to exclusive rights to be limited to certain special cases which do not conflict with a normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the rightholder.
(a)Article 15: Senior citizens' homes etc. The cases are special cases. The recording is done when the people sleep in order to watch the programme the next morning. (b)Article 18: Anthologies The case is special. The rightholder is entitled to a compensation. The exception may be invoked only five years after the publication of the work. The clause has been used in the publication of textbooks for educational purposes. The terms have always been agreed between the rightholders' associations and the publishers. The compulsory element has not been used in practice. The article prevents use of parts of works which were created for educational purposes in anthologies produced for educational purposes. This restriction is based on Berne 9(2). (c)Article 21: Certain public performances This is the most typical example of use of "minor reservations" in the Finnish Copyright Act. All the articles in (a) to (c) above are in full compliance with Berne 9(2) and TRIPS 13.