Question Q216 

National Group:		[please insert name of Group]

Title: 				Exceptions to copyright protection and the permitted uses 				of copyright works in the hi-tech and digital sectors

Contributors:			[please insert names of contributors]

Representative within
Working Committee:	[please insert name]

Date:				[please insert date]

Questions
The purpose of Q216A is to explore exceptions to copyright protection resulting not from issues of eligibility/qualification for protection but from various exceptions, permitted uses or defences. As stated above, this purpose is of itself extremely broad ranging. As such, the work will be limited to a small number of the potential exceptions, permitted uses or defences.
Questions about specific exceptions or permitted uses existing in your country/region
1.	What exceptions or permitted uses apply in relation to the activities of an ISP or other intermediaries? Are there any limitations on those exceptions/uses, for example when the ISP is put on notice of unlawful content? Which types of service provider may benefit from such exceptions: would they, for example, apply to UGC sites such as YouTube or social networking sites such as FaceBook?  
2.	Do service or access providers have any obligation (in co-operation with intellectual property right owners or otherwise) to identify, notify or take remedial steps (including termination of access) in relation to their customers who infringe? Is the position different depending on whether the customer has only infringed once or has carried out repeated infringing activities? Do any such obligations affect the scope of the exceptions or permitted uses that apply to those service or access providers?
3.	What exceptions exist for "digitisation" or to allow for format shifting of sound recordings, films, broadcasts or other works?
4.	Are there specific exceptions permitting libraries to format shift or to make digital copies for archive or other purposes?
5.	Are there exceptions or permitted uses allowing the use of orphan works? If so, what is their scope?
6.	What, if any, fair dealing/fair use provisions apply?  Are there any examples of fair dealing/use provisions having a particular application to Library/search facilities such as Google Book Search?
7.	How does the law in your country/region understand the requirement of international treaties that exceptions to copyright must not conflict with a normal exploitation of the work and must not unreasonably prejudice the legitimate interests of the author?
8.	Are there any other exceptions or permitted uses which you consider particularly relevant to the hi-tech and digital sectors with regard to ISPs, digitisation and format shifting or orphan works?
Your views
(a)	In your opinion, are the exceptions to copyright protection for (i) the activities of an ISP (ii) digitisation or format shifting; and (iii) orphan works, and the fair dealing/fair use provisions that apply to Library/search facility applications in your country/region suitable to hold the balance between the interest of the public at large and of copyright owners in the hi-tech and digital sector?  
(b)	Are these exceptions and permitted uses appropriate to the technology, understandable and realistic? Do they contribute to a situation where copyright is enforceable in practice?
(c)	What, if any, additional exceptions would you wish to see relevant to these areas?
(d)	Given the international nature of the hi-tech and digital fields, do you consider that an exhaustive list of exceptions and permitted uses should be prescribed by international treaties in the interests of international harmonisation of copyright? Might you go further and say that there should be a prescribed list? If so, what would you include?

Note:	It will be helpful and appreciated if the Groups follow the order of the questions in 	their Reports and use the questions and numbers for each answer.

December 2009