Copyright Exceptions: The Digital Impact

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Cambridge University Press, Feb 24, 2005 - Business & Economics - 426 pages
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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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Contents

Introduction
1
The functions of the exceptions
4
The plan of this work and our argument in outline
6
A note on language
10
Where we are
13
Copyright and freedom of expression
15
Recognising the problem
16
The ideaexpression dichotomy and judicial reaction
20
Exceptions licences and market failure
168
Copyright as a form of property
180
Copyright law and notions of balance
187
Conclusion
191
Copyright in supranational fora
193
The logic of harmonisation
194
market failure the copyright balance and property rights
197
harmonisation and the copyright families
201

Recognising the conflict
24
Resolving the conflict
35
Conclusion
41
Fair dealing for the purposes of criticism review and news reporting and related exceptions
42
introduction
43
Does the exception apply to the work in question?
44
Is the use for an approved purpose?
48
Is the use fair?
57
Attribution of the work
60
Summary
61
Miscellaneous provisions relating to the communication of information
62
Miscellaneous provisions relating to the creation of derivative works
64
Other obstacles faced by users
67
Conclusion
78
The public interest defence
80
The public interest defence in its early form
81
The recent authorities
91
Can the same result be achieved by other means?
94
The objections of principle to a public interest defence
102
Is a public interest defence legitimate?
103
Is a public interest defence appropriate?
108
Is a public interest defence necessary?
109
Is a public interest defence workable?
111
Exceptions applying to education research and private study
113
Fair dealing for the purposes of research or private study
115
overview
120
Anthologies for educational use
124
Lending of copies by educational establishments
126
copyright licensing in higher education
130
Conclusion
135
The library and archive provisions and related exceptions
136
Overview of the existing exceptions
137
Defining libraries archives museums and galleries and the role of such institutions
138
Divisions within the 1988 Act
142
Wider coverage under the directive
143
The existing library exceptions
145
Miscellaneous exceptions
160
Conclusion
162
How we got here
165
Markets and metaphors
167
Opportunities for participation
208
The Information Society Directive and the importance of official inertia
213
Summation
215
Conclusion
219
Copyright in the domestic arena
220
Understandings of copyright
221
The DTIs mandate
226
Draftsmanship and the inevitable accident
230
the method of transposition
235
European legislation and the erosion of parliamentary control
236
The role of the judiciary
238
Conclusion
245
Where we go from here
247
The fair use panacea
249
The evolution of the fair use defence and its abolition by the judiciary
253
Protecting parodies
264
current practice and future developments
267
Conclusion
274
A model for reform
276
A workable system
277
A law of users rights
279
The importance of public participation
280
criticism review and news reporting
282
the public interest defence
287
private study and research education libraries and archives
288
Summation
297
The threestep test
298
Other types of users rights
299
Making harmonisation a reality
303
Changing attitudes
304
Contractual exclusion and technological measures of protection
306
Conclusion
310
Appendices
311
Permitted Acts
313
Copyright Designs and Patents Act 1988 s 296ZE and Schedule 5A
352
Directive 200129EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related...
355
United States Copyright Act 1976 17 USC s 107
375
Bibliography
376
Index
412
Copyright

Common terms and phrases

References to this book

About the author (2005)

Australian National University.

Australian National University.