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  • 2 - The History of Article 10(1) Berne

  • Tanya Aplin, King's College London, Lionel Bently, University of Cambridge
  • Book:
    Global Mandatory Fair Use
    Published online:
    26 October 2020
    Print publication:
    05 November 2020, pp 6-28

  • Summary

    In this chapter, we explore the history of Article 10(1) Berne, in order to enable the reader to understand the key stages in its evolution that inform or confirm our interpretation of the character and breadth of the provision. As we will see, several important features of Article 10(1) Berne, including the meaning, length and purpose of ‘quotation’, were explored as part of the travaux to the Stockholm revision of the Berne Convention. These travaux offer valuable guidance to clarify the meaning of the text (where its meaning is unclear) and to confirm a meaning deduced in the normal way from the ordinary meaning of the text, viewed in its context and in light of its object and purpose.