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 88.
xxix. lappuse
... importance of the exceptions to their ordinary working practices. For example, artists are coming to appreciate that ... important to appreciate that arguments about the exceptions often form part of a wider dispute between those who are ...
... importance of the exceptions to their ordinary working practices. For example, artists are coming to appreciate that ... important to appreciate that arguments about the exceptions often form part of a wider dispute between those who are ...
1. lappuse
... important, however, to distinguish the provisions that reflect some overriding goal of public policy from permitted acts that have a rather different function and effect. In particular, some permitted acts are provided to deal with the ...
... important, however, to distinguish the provisions that reflect some overriding goal of public policy from permitted acts that have a rather different function and effect. In particular, some permitted acts are provided to deal with the ...
2. lappuse
... important to emphasise that we are not claiming that the above threefold division of the permitted acts is comprehensive or that there are not a number of other, equally plausible, ways of dividing up and thinking about the permitted ...
... important to emphasise that we are not claiming that the above threefold division of the permitted acts is comprehensive or that there are not a number of other, equally plausible, ways of dividing up and thinking about the permitted ...
5. lappuse
... important to appreciate the role that the judiciary has played in the emergence of the current system of exceptions. Starting with the history of the copyright exceptions in the United Kingdom, we demonstrate that if judges are unable ...
... important to appreciate the role that the judiciary has played in the emergence of the current system of exceptions. Starting with the history of the copyright exceptions in the United Kingdom, we demonstrate that if judges are unable ...
6. lappuse
... important to recognise that the current system of permitted acts has its origins in those spaces that were left unregulated after copyright was expanded (initially by the judiciary) beyond its role as a system for the regulation of the ...
... important to recognise that the current system of permitted acts has its origins in those spaces that were left unregulated after copyright was expanded (initially by the judiciary) beyond its role as a system for the regulation of the ...
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
allow analysis apply approach archives argued argument artistic authors balance broadcast CDPA Chapter communication concerned consider contracting copy Copyright Law copyright owner courts criticism decision Digital Directive discussion economic educational effect establishments European example exceptions exclusion existing extent fact fair dealing freedom of expression further given groups harmonisation important indicated Information Society Directive infringement institutions Intellectual Property International issue Journal justified Law Review legislative licence limited London material matter means measures musical nature noted owner parody particular permitted person photographs political possible practice prevent principle problems protection provisions public interest defence published question reasons recent recording reference reform relation reporting reproduction requirement restrictive scope seen subsection taken technological tion treated types United Kingdom University users