Towards an Understanding of the Distinction Between Limitations and Exceptions in International Copyright Law
type: CreativeWork
description: The topic of copyright limitations and exceptions attracts extensive jurisprudence and academic commentary. However, the terms ‘limitations’ and ‘exceptions’ remain undefined in international copyright law. The World Intellectual Property Organization (WIPO) has offered three conflicting definitions for these terms. First, the 1980 WIPO Glossary suggests the terms are synonymous. Second, a 1999 WIPO Workshop describes ‘limitations’ as permitted-but-paid uses of a protected work, and ‘exceptions’ are free uses. Third, a 2003 WIPO Study says ‘limitations’ exclude certain subject matter from copyright protection, and ‘exceptions’ provide defendants with immunity from copyright infringement. The diversity of definitions reduces legal clarity. Amid this confusion, a former Director and Assistant Director General of the Copyright Division at WIPO suggests it is best for commentators to “avoid” using the terms altogether when describing international copyright unless they enter a “debate about the categorization, justification and ideological background of exceptions and limitations”. Article 13 TRIPS of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement set a major international test for permissible copyright limitations and exceptions. The drafting history for this provision suggests a subtly different set of definitions so far overlooked by WIPO. As early as 1958, the US Copyright Office recognised that legislatures could exclude permitted acts from the scope of copyright statutes either by narrowly defining the scope of exclusive rights using a ‘limitation’ (such as restricting the exclusive right of communication to ‘the public’, indicating that it is always lawful to communicate to private entities); or the legislature broadly defines exclusive rights (a general communication right) and subsequently provides an ‘exception’ that excludes a potential group of users from liability (perhaps a carve-out for private performances). The US Copyright …
abstract: The topic of copyright limitations and exceptions attracts extensive jurisprudence and academic commentary. However, the terms ‘limitations’ and ‘exceptions’ remain undefined in international copyright law. The World Intellectual Property Organization (WIPO) has offered three conflicting definitions for these terms. First, the 1980 WIPO Glossary suggests the terms are synonymous. Second, a 1999 WIPO Workshop describes ‘limitations’ as permitted-but-paid uses of a protected work, and ‘exceptions’ are free uses. Third, a 2003 WIPO Study says ‘limitations’ exclude certain subject matter from copyright protection, and ‘exceptions’ provide defendants with immunity from copyright infringement. The diversity of definitions reduces legal clarity. Amid this confusion, a former Director and Assistant Director General of the Copyright Division at WIPO suggests it is best for commentators to “avoid” using the terms altogether when describing international copyright unless they enter a “debate about the categorization, justification and ideological background of exceptions and limitations”. Article 13 TRIPS of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement set a major international test for permissible copyright limitations and exceptions. The drafting history for this provision suggests a subtly different set of definitions so far overlooked by WIPO. As early as 1958, the US Copyright Office recognised that legislatures could exclude permitted acts from the scope of copyright statutes either by narrowly defining the scope of exclusive rights using a ‘limitation’ (such as restricting the exclusive right of communication to ‘the public’, indicating that it is always lawful to communicate to private entities); or the legislature broadly defines exclusive rights (a general communication right) and subsequently provides an ‘exception’ that excludes a potential group of users from liability (perhaps a carve-out for private performances). The US Copyright …
author: Parish, James
language: eng
keywords: Copyright, Exceptions, International Copyright, Limitations
license: https://apollo8-f-pro.lib.cam.ac.uk/bitstreams/4f70ce41-296a-44d2-aa7f-a38f523fd51e/download
license: https://www.rioxx.net/licenses/all-rights-reserved/
date published: 2023-10-16
date modified: 2026-07-22T22:24:30Z
provider: Cambridge University
publisher: Networked Digital Library of Theses and Dissertations
type: WebPage
source organization: University of Cambridge

PropertyValue
property ID: DOI
value: 10.17863/CAM.109466