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Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include :
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
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The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml,
Regional limits for the exercise of copyright
Art. 33. – (1) are permitted without the author’s consent and without payment of any remuneration, the following uses of a work already disclosed to the public, provided that they comply with fair practice, do not conflict with normal exploitation of the work and not prejudice the author or the holders of mining:
a) reproduction of a work in judicial or administrative proceedings, to the extent justified by the purpose thereof;
b) the use of brief quotations from a work for the purpose of analysis, commentary or criticism, or for illustration, to the extent that their use justifies the extent of the quotation;
c) use of isolated articles or brief excerpts from works in publications, on radio or television or in sound or audiovisual recordings exclusively intended for teaching and reproduction for education, public institutions of education or social welfare, of isolated articles or brief excerpts from works, to the extent justified by the purpose;
d) reproduction for information and research brief excerpts from works in libraries, museums, film, sound archives, archives of cultural or scientific public institutions that operate without profit; reproduction of a copy of a work is allowed, it changed the destruction, serious deterioration or loss sole copy in the permanent collection of the library or archive concerned;
e) reproduction, broadcasting or communication to the public in order to inform on current, brief extracts from newspaper articles and radio or television;
f) the reproduction, broadcasting or communication to the public of short fragments of lectures, pleadings and other such works which expressed orally in public, provided that those uses are intended solely to provide information on current events;
g) the reproduction, broadcasting or communication to the public of works in the reporting of current events, but only to the extent justified by the purpose of information;
h) the reproduction, excluding any means that come in direct contact with the work, broadcasting or communication to the public image of a work of architecture, art, photographic or applied art permanently located in public places, unless the image of the work is the main subject of such reproduction, distribution or communication and is used for commercial purposes;
i) representation and execution of a work within the activities of educational institutions exclusively for specific purposes and provided that both the representation or execution and be free public access.
(2) In the cases referred to in subparagraph b) c), e), f) and h) must indicate the source and author’s name if it appears on the work used, and in the case of works of art or architecture, and location of the original.
Art. 34. – (1) There is an infringement of copyright under this law, reproduction of a work without the author’s consent for personal use or for the normal circle of a family, provided that the work should have been disclosed to public knowledge and reproduction do not conflict with normal exploitation of the work and are not prejudicial to the author or the holder of the exploitation rights.
(2) For media that can achieve record sound or audiovisual and appliances such reproduction, in the case under par. (1) shall be paid remuneration determined under this law.
Art. 35 – The transformation of a work without the author’s consent and without payment of remuneration is permitted in the following cases:
a) if a private transformation, not intended and is not made publicly available;
b) if the result of the transformation is a parody or caricature, provided the result does not cause confusion with the original work and its author;
c) whether the conversion is imposed for the use permitted by the author.
Art. 36. – (1) Works shown in exhibitions open to the public, fairs or collections can be reproduced in catalogs published and distributed for this purpose by the organizers of such activities.
(2) In the cases referred to in para. (1) must specify the source and authorship of the work, if they are mentioned on the work used.
Art. 37 – In order to test the operation at the time of manufacture or sale of products, companies that produce or sell sound recordings or audiovisual equipment for their reproduction or public communication and equipment for receiving radio and television may reproduce and present extracts from works, provided that such arrangements are the extent required for testing.
Art. 38. – (1) The authorization to broadcast a work by wireless means includes authorization to transmit the work by wire, cable or any other similar process without payment of separate remuneration, provided that the broadcast is made without alteration simultaneously and in full by the original broadcasting organization and does not exceed the geographical area which has been granted the right issue.
(2) Para. (1) of this Article shall not apply to digital transmission, by whatever means of a work.
(3) Transfer of the right of communication to the public of a work by radio or television broadcasting organization the right to record the work for its own wireless broadcasts, in order to achieve, once authorized communication to the public. When a new broadcast of the work thus recorded a new authorization is required. If within 6 months from the first issuance shall not require authorization, registration must be destroyed.
For more information go to : http://www.cdep.ro/pls/legis/legis_pck.htp_act_text?idt=10396