Full Description
While copyright law is ordinarily thought to consist primarily of exclusive rights, the regime's various exemptions and immunities from liability for copyright infringement form an integral part of its functioning, and serve to balance copyright's grant of a private benefit to authors/creators with the broader public interest. With contributors from all over the world, this handbook offers a systematic, thorough study of copyright limitations and exceptions adopted in major jurisdictions, including the United States, the European Union, and China. In addition to providing justifications for these limitations, the chapters compare differences and similarities that exist in major jurisdictions and offer suggestions about how to improve the enforcement of copyright limitations domestically and globally. This work should appeal to scholars, policymakers, attorneys, teachers, judges, and students with an interest in the theories, policies, and doctrines of copyright law.
Contents
Part I. The Theoretical Foundation of Copyright Limitations: 1. The economics of copyright exemptions: a comparative analysis Ben Depoorter; 2. Self-actualization and the need to create as a limit on copyright Christopher S. Yoo; Part II. Internationalizing Copyright Exceptions: 3. Displacing the dominance of the three-step test: the role of global, mandatory use Tanya Aplin and Lionel Bently; 4. An international instrument for permitted uses in copyright law Reto M. Hilty and Valentina Moscon; 5. A copyright limitations treaty based on the Marrakesh model: nightmare or dream come true? Martin Senftleben; 6. Protection of limitations and exceptions in the international copyright framework Sam Ricketson; Part III. Models of Copyright Exceptions: 7. Debunking the fair use vs fair dealing myth: have we had fair use all along? Ariel Katz; 8. Fair use as an advance on fair dealing? Depolarising the debate Michael Handler and Emily Hudson; 9. The changing judicial politics of copyright exceptions in the UK Robert Burrell; 10. 'Fair use' through fundamental rights in Europe: when freedom of artistic expression allows creative appropriations and opens up statutory copyright limitations Christophe Geiger; 11. Limitations and exceptions in copyright law across the Taiwan Strait Kung-Chung Lin; 12. A general clause on copyright limitations in civil law countries: recent discussion on Japanese-style fair use clause Tatsuhiro Ueno; 13. Bridging fair dealing and fair use concepts: Malaysia's transition to a hybrid system Ida Madieha Azmi; Part IV. Obvious and Hidden Values in the Working of Copyright Exceptions: 14. Creating a public interest principle for the adjudication of fair use and fair dealing cases Haochen Sun; 15. An empirical review of the copyright limitations and exceptions in educational activities Daniel Seng; 16. Copyright and academic photocopying: the University of Delhi case Arpan Banerjee; 17. Parody, satire, caricature and pastiche: fair dealing is no laughing matter David Tan; 18. Cultural impact on copyright exceptions: parody in Germany and Japan Christopher Rademacher; 19. From fair dealing to user-generated content: legal la la land in Hong Kong Alice Lee and Brendan Clift; 20. Rights, exceptions, and the 'work' of news Graeme W. Austin; 21. Copyright and religion: an exemption for the use of music and songs in worship? Ng-Loy Wee Loon; 22. Security measures and the future of fair use David Nimmer.
