That's what the treaty says. That's correct, and I'm fully aware of that. First of all, my response is indeed within the context of Fair Use as the example giv

That's what the treaty says. That's correct, and I'm fully aware of that. First of all, my response is indeed within the context of Fair Use as the example given was background music in a Zoom call. Second, a big crux is in the part between parentheses which you didn't include: > (with the possibility that a Contracting State may permit, in certain special cases, reproduction without authorization, provided that the reproduction does not conflict with the normal exploitation of the work and does not unreasonably prejudice the legitimate interests of the author; and the possibility that a Contracting State may provide, in the case of sound recordings of musical works, for a right to equitable remuneration) The Berne Treaty is a framework of first principles. But the legal reality is shaped by how this treaty is then codified in supra-national and national laws. And finally how those laws then get enacted in civil cases within the applicable legal system depending on where you are. For instance, Freedom of Panorama: https://en.wikipedia.org/wiki/Freedom_of_panorama https://en.wikipedia.org/wiki/Freedom_of_panorama Another example that limits the application of copyright all together is the Treshold of Originality, which of course comes with it's own opposite doctrines of thought: https://en.wikipedia.org/wiki/Threshold_of_originality https://en.wikipedia.org/wiki/Threshold_of_originality Finally, Fair Use and Fair Dealing pertains to vast economic domains such as education, press and research. Why does Fair Use exist? Because lawmakers have conceded over time that a strict definition of copyright can't be practically upheld anyway. The application of Fair Use is far from a "confusing" fringe exception in the real world. Your point would be valid if copyright was implemented straight up by it's first principles with zero exceptions. But that's not how the legal framework has evolved and gets implemented in the real world today. Hence why I prefaced with "I totally follow you on copyright reform".