Fair Use and Beyond: The Status of Copyright Limitations and Exceptions in the Commonwealth of Independent States

Abstract

Fair-use and other free-use limitations and exceptions in national copyright laws maintain a balance between the individual interests of creators of works and other copyright holders, and the public interest in fostering a culturally productive exchange of information and ideas. The status of fair use and free use has come into question in recent years, in part by the rapid pace of technological change, which has led to laws favoring new modes of information management. This article discusses fair-use and other copyright limitations and exceptions in an international context and their origins in international conventions, treaties, and agreements. It then offers a comparative analysis of the limitations and exceptions found in the current copyright laws of the twelve nations comprising the Commonwealth of Independent States (CIS), highlighting the range of limitations and exceptions found in the CIS statutes and the differences among the laws of those nations. In the current climate of change in global copyright legislation, this article provides broad perspective in an area that is of increasing relevance to the aims of academic and research libraries internationally.

A Comparative Analysis of Libraries' Approaches to Copyright: Israel, Russia, and the U.S.

“…16 In Russia, during most of the 20 th century public interest was considered to be more important than private interest, and Commonwealth of Independent States (CIS) laws are not as broad in their interpretations of fair use as the United States. However, Russia incorporates the Berne provisions for libraries, archives, and educational institutions concerning the copying of materials for users.17We were unable to find a single source that discusses libraries' attitudes and librarians' understanding of Russian copyright law.…”

“…4 Moreover, there is only one study comparing the copyright concerns of libraries in the Commonwealth of Independent States. 5 The following review of the literature focuses on articles discussing academic librarians' understanding of copyright issues, their policies and activities in Israel, the United States, and Russia. Due to the lack of relevant materials about copyright issues and academic libraries in Israel and Russia, these sections are very limited in scope compared with the United States.…”