merely providing facilities for the communication of worksshould not be a basis for infringement liability.
WIPO Copyright Treaty Preserved Fair Use Rights
On the other hand, while the Treaty itself did not specifically use the words “fair use,” the Agreed Statement states that “it is understood that the provisions of Article 10 permit Contracting Parties to carry forward and appropriately extendinto the digital environment limitations and exceptions in their national laws”which have been considered acceptable under the Berne Convention. Similarly,these provisions should be understood to permit Contracting Parties to devise”new exceptions and limitations that are appropriate in the digital network environment. It is also understood that Article 10(2) neither reduces nor extendsthe scope of applicability of the limitations and exceptions permitted by the BerneConvention.Purpose of Copyright
The economic philosophy behind the clause empowering Congress togrant patents and copyright is the conviction that encouragement of individual effort by personal gain is the best way to advance publicwelfare through the talents of authors and inventions in the ‘scienceand the arts.
Primary Objective of Copyright
primary objective of copyright is not to reward the labor of authors, but to promote the progress of science and useful arts
. Tothis end, copyright assures authors the right to their originalexpression, but encourages others to build freely upon the ideas andinformation conveyed by a work. This principle, known as theidea/expression or fact/expression dichotomy, applies to all works of authorship.
Balancing of Competing Claims in Copyright
The limited scope of the copyright holder's statutory monopoly, likethe limited copyright duration required by the Constitution, reflects a balance of competing claims upon the public interest:
Creative work is to be encouraged and rewarded, but private motivation must