Question Q216B

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]

Reporter within
Working Committee:	[please insert name]

Date:				[please insert date]]

Questions

I.	Analysis of current law and case law
The Groups are invited to answer the following questions about specific exceptions or permitted uses existing in their national laws:
1.	What exceptions or permitted uses apply to a service provider in relation to user-generated content (UGC)?  Are there any limitations on those exceptions/uses, for example when the service provider is put on notice of unlawful content uploaded by internet users?  Would they also apply to UGC sites which likely attract infringement? Which types of service provider may benefit from such exceptions: What content does your jurisdiction define as UGC? Would exceptions for UGC, for example, apply to UGC sites such as YouTube or social networking sites such as FaceBook?  
2.	What exceptions or permitted uses apply in relation to temporary acts of infringement?  Do transient/temporary copies of electronic works, held for example in a cache or in a computer's working memory (RAM) amount to infringing copies?
3.	Is there a private copying exception? If so, what is its scope? Should copyright levies apply for private use? If so what uses should be subject to the levy?
4.	Under what conditions do the hyperlinking or location tool services provided by search engines infringe copyright? Are there any exceptions or permitted uses relevant to this activity?
5.	Are there any other exceptions or permitted uses which you consider particularly relevant to the digital environment (not previously studied in Q216 A)?

II.	Proposals for harmonization

The Groups are invited to put forward proposals for the adoption of harmonised rules. More specifically, the Groups are invited to answer the following questions without regard to their national laws:
6.	In your opinion, are the exceptions to copyright protection for (i) user-generated content, (ii) transient/temporary copies, (iii) private copying (taking into account any copyright levies) and (iv) hyperlinking 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 sectors?
7.	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?
8.	What, if any, additional exceptions would you wish to see relevant to these areas?
9.	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?

211210

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. If possible type your answers in a different colour. Thank you for your assistance.