Copyright Law of The European Union - Limitations

Limitations

Temporary copying which is the result of the transmission of a work or of its legal use is not covered by the exclusive right of reproduction.

Member states can implement other limitations from the list in Copyright Directive Article 5, or retain limitations which were already in force on 22 June 2001. Permitted limitations are:

• paper reproductions by photocopying or similar methods, except of sheet music, if there is compensation for rightsholders;
• reproductions made for private and non-commercial use if there is compensation for rightholders;
• reproductions by public libraries, educational institutions or archives for non-commercial use;
• preservation of recordings of broadcasts in official archives;
• reproductions of broadcasts by social, non-commercial institutions such as hospitals and prisons, if there is compensation to rightholders;
• use for illustration for teaching or scientific research, to the extent justified by the non-commercial purpose;
• uses directly related to a disability, to the extent justified by the disability;
• press reviews and news reporting;
• quotations for the purposes of criticism or review;
• uses for the purposes of public security or in administrative, parliamentary or judicial proceedings;
• uses of political speeches and extracts of public lectures, to the extent justified by public information;
• uses during religious or official celebrations;
• uses of works, such as architecture or sculpture, which are located permanently in public places;
• incidental inclusion in another work;
• use for the advertisement of the public exhibition or sale of art;
• caricature, parody or pastiche;
• use in connection with the demonstration or repair of equipment;
• use of a protected work (e.g., plans) for the reconstruction of a building;
• communication of works to the public within the premises of public libraries, educational institutions, museums or archives.

No new limitations may come into force after 22 June 2001 except those in the permitted limitations given in the Copyright Directive. Limitations may only be applied in "certain special cases which do not conflict with a normal exploitation of the work or other subject-matter and do not unreasonably prejudice the legitimate interests of the rightholder". However it was agreed at the time of drafting the WIPO Copyright and Performances and Phonograms Treaties that this wording "neither reduces nor extends the scope of applicability of the limitations and exceptions permitted by the Berne Convention."