Canada

États-Unis d'Amérique

Droit d'auteur et droits connexes

1. In the light of the test of economic harm to the right holder set out in TRIPS Article 13, how does the USA justify the exception in Title 17, Section 110(3), which says that it is not a copyright infringement to make an unauthorized public performance of a nondramatic literary or musical work or a dramatico musical work of a religious nature, or display of a work, in the course of services at a place of worship or other religious assembly?

The exception in Section 110(3) of our Copyright Act is wholly consistent with the requirements of Article 13 of the TRIPS Agreement. The permitted uses are extremely narrow, and have not been objected to by our right holders. The exception is limited to only a few types of works, only certain uses are permitted, and they are permitted only in the course of religious services, which must take place only in locations used for religious assembly.