États-Unis d'Amérique
Droit d'auteur et droits connexes
3. In relation to Article 41 of the Copyright Law we have questions of a similar nature as the questions posed regarding Article 19 above. a. Article 41 states that performances, staging, and transmissions of on-air or cable broadcasting organizations and their recordings, including to reproduce phonograms is allowed for a series of purposes, such as "exclusively for training and scientific research purposes." What is the definition of "exclusively" in this context? As requested above, is "training" the same as "teaching"? If not, what are the differences between the two and does training also encompass commercial activities? What is meant by "scientific research purposes"?
In paragraph 1026 of the WPR the representative of Kazakhstan confirmed that the term "exclusively" in paragraph 1(2) of Article 41 of the Copyright Law meant "solely" as used in Article 15(1)(d) of the Rome Convention. The term "training" has the same as "teaching" and does not encompass commercial activities. "Scientific research purposes" means purposes of scientific analysis.