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    STUDIA IURISPRUDENTIA - Issue no. 1 / 2008  
         
  Article:   ARTICLES : COPYRIGHT LIMITS - SOME CONSIDERATIONS ON FAIR USE IN COMPARATIVE LAW / LIMITELE DREPTULUI DE AUTOR - CATEVA CONSIDERATII ASUPRA UTILIZARII ECHITABILE IN DREPTUL COMPARAT.

Authors:  OANA BENTA.
 
       
         
  Abstract:  The author of a work has long been regarded as being special; he is, consequently, in need of special protection against any abuse coming from the outside. However, this protection may come into conflict with public interests, such as disseminating knowledge and the right to free speech. How should the law ensure that both author and public are treated as equals? In Europe, the droit d’auteur is an author centered doctrine, therefore he is strongly guarded from any harm, to the masses’ detriment. Any use of his work without authorization is an infringement, but for a few exceptions that allow uses without permission, for educational and intellectual purposes. On the other hand, in common law countries, priority is given to education and access to information – thus, the author submits to the public interest and fair use is held as principle.  
         
     
         
         
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