most international copyright treaties allow their contracting countries to have different copyright exceptions in their national copyright laws in order to maintain their own unique equilibrium.the problem is that this balance of protecting the economis interest of copyright owners in order to encourage incentives for creativity and serving public interest in the dissemination of knowledge through the copyright exceptions cannot be easily achieved.this is becaues the point of the balance can be different in each country,depending on a state underlying philosophy and objectives for copyight protection.guibault explains that the copyright exceptions should reflect the need of society to use a work,balanced against the protection on the economic interest of copyright oeners.however,this weighing process usually leads to different results in each country,since the potential conflict between the interests of copyright owners and the public interest can take place at different levels and grounds in each country.this difference stems from the legislator assessment of the importance of a particular exception for soiety in relation to the need to provide for the payment of an equitable remuneration to the copyright owners in order to maintain incentives for creativity. the outcome of this evaluation will most often determine the fromof the exception.
nevertheless,many scholars believe that copright exceptions should be based on a public policy objective and the needs of the public.for example,reinbothe suggests that the exceptions should be based on a public policy objective,such as public education,public security,etc. ricketson emphasizes that it is necessary to have a public policy basis to consider an exception a special case.likewise,senftleben states that exceptonf should be based on a specific policy objective such as public education.burrell and coleman give an example of the need for the public to have the exception for educational institutions and libraries.they justify this reasoning on the basis that libraries have an essential rote in the dissemination and preservation of knowledge and culture for the public,while educational institutions have an important role in providing the public with opportunities for learning and developing their knowlege actively.
most international copyright treaties allow their contracting countries to have different copyright exceptions in their national copyright laws in order to maintain their own unique equilibrium.the problem is that this balance of protecting the economis interest of copyright owners in order to encourage incentives for creativity and serving public interest in the dissemination of knowledge through the copyright exceptions cannot be easily achieved.this is becaues the point of the balance can be different in each country,depending on a state underlying philosophy and objectives for copyight protection.guibault explains that the copyright exceptions should reflect the need of society to use a work,balanced against the protection on the economic interest of copyright oeners.however,this weighing process usually leads to different results in each country,since the potential conflict between the interests of copyright owners and the public interest can take place at different levels and grounds in each country.this difference stems from the legislator assessment of the importance of a particular exception for soiety in relation to the need to provide for the payment of an equitable remuneration to the copyright owners in order to maintain incentives for creativity. the outcome of this evaluation will most often determine the fromof the exception.
nevertheless,many scholars believe that copright exceptions should be based on a public policy objective and the needs of the public.for example,reinbothe suggests that the exceptions should be based on a public policy objective,such as public education,public security,etc. ricketson emphasizes that it is necessary to have a public policy basis to consider an exception a special case.likewise,senftleben states that exceptonf should be based on a specific policy objective such as public education.burrell and coleman give an example of the need for the public to have the exception for educational institutions and libraries.they justify this reasoning on the basis that libraries have an essential rote in the dissemination and preservation of knowledge and culture for the public,while educational institutions have an important role in providing the public with opportunities for learning and developing their knowlege actively.
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