What are copyright and related rights exceptions?
and limitations and exceptions allow uses of and without the authorization of 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 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 , or both statutory and based on general criteria and subject to interpretation by the courts, which is the case in 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 . 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 in certain situations. For example, songwriters may quote a pre-existing work in their own musical work without a , provided the quote is no more than a quote, and they credit the author of the quoted work.
Quiz
Test your Copyright and Related Rights Limitations and Exceptions knowledge
Image credit: Martin Fabricius Rasmussen