Copyright Exceptions: The Digital Impact

Pirmais vāks
Cambridge University Press, 2005. gada 24. febr. - 426 lappuses
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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Introduction
xxvii
The plan of this work and our argument in outline
2
A note on language
6
Where we are
9
Copyright and freedom of expression
11
The ideaexpression dichotomy and judicial reaction
16
Recognising the conflict
20
Resolving the conflict
31
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
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xi. lappuse - Directive on the harmonisation of certain aspects of copyright and related rights in the Information Society, 10 December 1997, COM (1997) 628 final, art.

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