What are copyright and related rights exceptions?
The ownership of rights in a song under copyright law and limitations and exceptions allow uses of An original musical composition with or without lyrics. and Typically, the recorded performance of a musical work protected as a phonogram under copyright law. without the authorization of A person or company that has Intellectual Property Rights in a musical work, performance or sound recording in specific cases, provided that such uses do not conflict with the normal use of the musical work or sound recording, and do not unreasonably prejudice the legitimate interests of the rights holders, with or without payment of compensation.
There is no single definition, and terminology varies in different countries, but limitations are generally understood as requiring payment of compensation to a Collective Management Organization: An organization that acts collectively on behalf of the rights holders it represents and collects and pays remuneration to rights holders. and exceptions allowing uses without payment.
Copyright and related rights limitations and exceptions can be statutory, which means they are specified in a country’s National laws that protect creators' and other rights holders' moral and economic rights in musical works, performances, and sound recordings., or both statutory and based on general criteria and subject to interpretation by the courts, which is the case in Laws principally based on court decisions rather than codes or statutes in countries that follow an English legal tradition countries that apply fair use or fair dealing.
Visit WIPO’s page on Limitations and Exceptions to learn more.
Copyright and related rights exceptions can be claimed as a defense to Using a protected musical work or sound recording without the permission of the rights holders in cases where such permission is required by copyright law.. Since it is not always easy to determine whether a particular use would qualify as permissible under a statutory exception, fair use, or fair dealing, it is always best to seek legal advice.
If the use doesn’t qualify as an exception, a license will need to be obtained for the use of the musical work or sound recording, including when such use qualifies as a limitation subject to the payment of compensation.
Explore our Licensing Types page for more information.
Who can claim copyright and related rights exceptions?
Any user of a musical work or sound recording can claim a copyright or related rights limitation or exception when the conditions for such limitation or exception exist.
For example, limitations and exceptions may allow persons or organizations to use music for non-profit purposes under certain conditions, such as in their private sphere or for educational purposes.
Copyright and related rights limitations and exceptions also benefit Anyone who contributes to creating or performing a musical work, a live performance, or a sound recording. in certain situations. For example, songwriters may quote a pre-existing work in their own musical work without a A form of permission given to use copyrighted material, such as a musical work or sound recording, under certain conditions and usually for a fee., provided the quote is no more than a quote, and they credit the author of the quoted work.
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Test your Copyright and Related Rights Limitations and Exceptions knowledge
Image credit: Martin Fabricius Rasmussen