Copyright Exceptions: The Digital ImpactCambridge University Press, 2005. gada 24. febr. 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. |
No grāmatas satura
1.–5. rezultāts no 63.
xiii. lappuse
... Broadcasting Corp. v. Lenah Game Meats (2001) 185 ALR1 85 Autodesk v. Dyason [1992] RPC 575 262 Baner v. Sweden (1989) 60 DR 128 105 Banier v. News Group Newspapers [1997] FSR 812 45 Basic Books v. Kinko's Graphics 758 F Supp 1522 (1991) ...
... Broadcasting Corp. v. Lenah Game Meats (2001) 185 ALR1 85 Autodesk v. Dyason [1992] RPC 575 262 Baner v. Sweden (1989) 60 DR 128 105 Banier v. News Group Newspapers [1997] FSR 812 45 Basic Books v. Kinko's Graphics 758 F Supp 1522 (1991) ...
xvi. lappuse
... Broadcasting Corp (1999) 48 IPR 333 54, 56 Noah v. Shuba [1991] FSR 14 45 Nottinghamshire Healthcare v. News Group Newspapers [2002] RPC 962 98 Parfums Christian Dior v. Evora [1998] RPC 166 104 Pasterfield v. Denham [1999] FSR 168 78 ...
... Broadcasting Corp (1999) 48 IPR 333 54, 56 Noah v. Shuba [1991] FSR 14 45 Nottinghamshire Healthcare v. News Group Newspapers [2002] RPC 962 98 Parfums Christian Dior v. Evora [1998] RPC 166 104 Pasterfield v. Denham [1999] FSR 168 78 ...
xviii. lappuse
... EWCA Civ 401 99 Wrotham Park v. Parkside Homes [1974] 1 WLR 798 98 Zamacois v. Douville [1943] 2 DLR 257 58 ZYX Music v. King [1995] FSR 566 106 Table of statutes United Kingdom Broadcasting Act 1996 Copyright Act xxii Table of cases.
... EWCA Civ 401 99 Wrotham Park v. Parkside Homes [1974] 1 WLR 798 98 Zamacois v. Douville [1943] 2 DLR 257 58 ZYX Music v. King [1995] FSR 566 106 Table of statutes United Kingdom Broadcasting Act 1996 Copyright Act xxii Table of cases.
xix. lappuse
The Digital Impact Robert Burrell, Allison Coleman. Table. of. statutes. United Kingdom Broadcasting Act 1996 Copyright ... Broadcasts) (Open University) Order 2003 (SI 2003 No 187) 128 Copyright, Designs and Patents Act s. 3(3) 63 s. 4(2) ...
The Digital Impact Robert Burrell, Allison Coleman. Table. of. statutes. United Kingdom Broadcasting Act 1996 Copyright ... Broadcasts) (Open University) Order 2003 (SI 2003 No 187) 128 Copyright, Designs and Patents Act s. 3(3) 63 s. 4(2) ...
xxii. lappuse
... Broadcasts and Cable Programmes) (Designated Bodies) Order 1993 (SI 1993 No 74) 161 Copyright (Recording of Folksongs for Archives) (Designated Bodies) Order 1989 (SI 1989 No 1012) reg. 3(2) 161 Electronic Commerce (EC Directive) ...
... Broadcasts and Cable Programmes) (Designated Bodies) Order 1993 (SI 1993 No 74) 161 Copyright (Recording of Folksongs for Archives) (Designated Bodies) Order 1989 (SI 1989 No 1012) reg. 3(2) 161 Electronic Commerce (EC Directive) ...
Saturs
Copyright law and notions of balance | 183 |
Conclusion | 187 |
Copyright in supranational fora | 189 |
The logic of harmonisation | 190 |
market failure the copyright balance and property rights | 193 |
harmonisation and the copyright families | 197 |
Opportunities for participation | 204 |
The Information Society Directive and the importance of official inertia | 209 |
Conclusion | 37 |
Fair dealing for the purposes of criticism review and news reporting and related exceptions | 38 |
introduction | 39 |
Does the exception apply to the work in question? | 40 |
Is the use for an approved purpose? | 44 |
Is the use fair? | 53 |
Attribution of the work | 56 |
Summary | 57 |
Miscellaneous provisions relating to the communication of information | 58 |
Miscellaneous provisions relating to the creation of derivative works | 60 |
Other obstacles faced by users | 63 |
Conclusion | 74 |
The public interest defence | 76 |
The public interest defence in its early form | 77 |
The recent authorities | 87 |
Can the same result be achieved by other means? | 90 |
The objections of principle to a public interest defence | 98 |
Is a public interest defence legitimate? | 99 |
Is a public interest defence appropriate? | 104 |
Is a public interest defence necessary? | 105 |
Is a public interest defence workable? | 107 |
Exceptions applying to education research and private study | 109 |
Fair dealing for the purposes of research or private study | 111 |
overview | 116 |
Anthologies for educational use | 120 |
Lending of copies by educational establishments | 122 |
copyright licensing in higher education | 126 |
Conclusion | 131 |
The library and archive provisions and related exceptions | 132 |
Overview of the existing exceptions | 133 |
Defining libraries archives museums and galleries and the role of such institutions | 134 |
Divisions within the 1988 Act | 138 |
Wider coverage under the directive | 139 |
The existing library exceptions | 141 |
Miscellaneous exceptions | 156 |
Conclusion | 158 |
How we got here | 161 |
Markets and metaphors | 163 |
Copyright as a form of property | 176 |
Summation | 211 |
Conclusion | 215 |
Copyright in the domestic arena | 216 |
Understandings of copyright | 217 |
The DTIs mandate | 222 |
Draftsmanship and the inevitable accident | 226 |
the method of transposition | 231 |
European legislation and the erosion of parliamentary control | 232 |
The role of the judiciary | 234 |
Conclusion | 241 |
Where we go from here | 242 |
The fair use panacea | 243 |
The evolution of the fair use defence and its abolition by the judiciary | 247 |
Protecting parodies | 258 |
current practice and future developments | 261 |
Conclusion | 268 |
A model for reform | 270 |
A workable system | 271 |
A law of users rights | 273 |
The importance of public participation | 274 |
criticism review and news reporting | 276 |
the public interest defence | 281 |
private study and research education libraries and archives | 282 |
Summation | 291 |
The threestep test | 292 |
Other types of users rights | 293 |
Making harmonisation a reality | 297 |
Changing attitudes | 298 |
Contractual exclusion and technological measures of protection | 300 |
Conclusion | 304 |
Appendices | 305 |
Permitted Acts | 307 |
Copyright Designs and Patents Act 1988 s 296ZE and Schedule 5A | 346 |
Directive 200129EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related... | 349 |
United States Copyright Act 1976 17 USC s 107 | 369 |
Bibliography | 370 |
Index | 406 |
Citi izdevumi - Skatīt visu
Copyright Exceptions: The Digital Impact Robert Burrell,Allison Coleman Ierobežota priekšskatīšana - 2005 |
Copyright Exceptions: The Digital Impact Robert Burrell,Allison Coleman Priekšskatījums nav pieejams - 2009 |
Bieži izmantoti vārdi un frāzes
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