Copyright Exceptions: The Digital Impact
Cambridge University Press, Feb 24, 2005 - Business & Economics - 426 pages
This book was first published in 2005. Copyright 'exceptions' or 'users' rights' have become a highly controversial aspect of copyright law. Most recently, Member States of the European Union have been forced to amend their systems of exceptions so as to comply with the Information Society Directive. Taking the newly amended UK legislation as a case study, this book examines why copyright exceptions are necessary and the forces that have shaped the present legislative regime in the UK. It seeks to further our understanding of the exceptions by combining detailed doctrinal analysis with insights gained from a range of other sources. The principal argument of the book is that the UK's current system of 'permitted acts' is much too restrictive and hence is in urgent need of reform, but that paradoxically the Information Society Directive points the way towards a much more satisfactory approach.
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The functions of the exceptions
The plan of this work and our argument in outline
A note on language
Where we are
Copyright and freedom of expression
Recognising the problem
The ideaexpression dichotomy and judicial reaction
Exceptions licences and market failure
Copyright as a form of property
Copyright law and notions of balance
Copyright in supranational fora
The logic of harmonisation
market failure the copyright balance and property rights
harmonisation and the copyright families
Recognising the conflict
Resolving the conflict
Fair dealing for the purposes of criticism review and news reporting and related exceptions
Does the exception apply to the work in question?
Is the use for an approved purpose?
Is the use fair?
Attribution of the work
Miscellaneous provisions relating to the communication of information
Miscellaneous provisions relating to the creation of derivative works
Other obstacles faced by users
The public interest defence
The public interest defence in its early form
The recent authorities
Can the same result be achieved by other means?
The objections of principle to a public interest defence
Is a public interest defence legitimate?
Is a public interest defence appropriate?
Is a public interest defence necessary?
Is a public interest defence workable?
Exceptions applying to education research and private study
Fair dealing for the purposes of research or private study
Anthologies for educational use
Lending of copies by educational establishments
copyright licensing in higher education
The library and archive provisions and related exceptions
Overview of the existing exceptions
Defining libraries archives museums and galleries and the role of such institutions
Divisions within the 1988 Act
Wider coverage under the directive
The existing library exceptions
How we got here
Markets and metaphors
Opportunities for participation
The Information Society Directive and the importance of official inertia
Copyright in the domestic arena
Understandings of copyright
The DTIs mandate
Draftsmanship and the inevitable accident
the method of transposition
European legislation and the erosion of parliamentary control
The role of the judiciary
Where we go from here
The fair use panacea
The evolution of the fair use defence and its abolition by the judiciary
current practice and future developments
A model for reform
A workable system
A law of users rights
The importance of public participation
criticism review and news reporting
the public interest defence
private study and research education libraries and archives
The threestep test
Other types of users rights
Making harmonisation a reality
Contractual exclusion and technological measures of protection
Copyright Designs and Patents Act 1988 s 296ZE and Schedule 5A
Directive 200129EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related...
United States Copyright Act 1976 17 USC s 107
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