A EUROPEAN VEIWPOINT RESPONSE:

Patrick Boylan

=======================

On Tue, 9 Feb 1999, Dan Sterns wrote:

> Some of the questions I am most interested in are as follows:
>
> Is there a "fair use" copyright clause that covers videos or other
media that would allow public showing of a video (without written permission)
in a museum education/exhibition environment?

+++ CERTAINLY NOT IN GENERAL INTERNATIONAL COPYRIGHT LAW AND PRACTICE, NOR
IN THE LATEST INTERNATIONAL "WIPO" TREATIES (CURRENTLY GOING THOUGH THE US
LEGISLATIVE PROCESS, I UNDERSTAND +++


> Can a non-profit museum make copies of a video (without written permission)
if used exclusively for educational/training purposes?

++++ NO, UNLESS THERE IS SOME EXPLICIT AMERICAN LAW WHICH
PURPORTS TO OVER-RIDE THE NORMAL RIGHTS OF THE COPYRIGHT OWNER ++++

> Is there any general copyright law which specifically covers
non-profit museums?

++++ NOT IN EUROPE, AT LEAST. IN THE UK THERE IS A VERY LIMITED EXCEPTION
FOR OFF-AIR VIDEO-RECORDINGS BY EDUCATIONAL ESTABLISHMENTS OF TV
PROGRAMMES WHICH ARE NOT SUBJECT TO ANY FURTHER COPYRIGHT.  HOWEVER, THIS
IS INTERPRETED FAIRLY NARROWLY - I.E. SCHOOLS, COLLEGES OR UNIVERSITIES IN
THE NARROW SENSE, AND FOR TEACHING OR RESEARCH PURPOSES ONLY, AND IS
SUBJECT TO AN ANNUAL LICENSING ARRANGEMENT (AND AN ANNUAL PAYMENT FOR
THIS RIGHT).  HOWEVER, EVEN THIS WOULD NOT ALLOW THE OFF-AIR RECORDING OF
OTHER COPYRIGHT MATERIAL, SUCH AS BROADCASTS OF CINEMA FILMS, LIVE
CONCERTS OR OPERA PERFORMANCES ETC. ++++