This book examines why copyright exceptions are necessary and the forces that have shaped the UK legislation.
Note
Description based upon print version of record. This book examines why copyright exceptions are necessary and the forces that have shaped the UK legislation.
Formatted Contents Note
Cover Title Copyright Dedication Contents Preface List of abbreviations Table of cases Table of statutes Introduction The exceptions in focus The functions of the exceptions The plan of this work and our argument in outline A note on language Part I Where we are 1 Copyright and freedom of expression Recognising the problem The idea/expression dichotomy and judicial reaction Recognising the conflict Resolving the conflict Conclusion 2 Fair dealing for the purposes of criticism, review and news reporting and related exceptions.
Fair dealing for the purposes of criticism, review and the reporting of current events: introduction Does the exception apply to the work in question? Is the use for an approved purpose? Is the use fair? Attribution of the work Summary Miscellaneous provisions relating to the communication of information Miscellaneous provisions relating to the creation ofderivative works Other obstacles faced by users Conclusion 3 The public interest defence The public interest defence in its early form The recent authorities Can the same result be achieved by other means?.
The objections of principle to a public interest defence Is a public interest defence legitimate? Is a public interest defence appropriate? Is a public interest defence necessary? Is a public interest defence workable? Conclusion 4 Exceptions applying to education, research andprivate study Fair dealing for the purposes of research or private study The education exceptions: overview Things done for the purposes of instruction or examination Anthologies for educational use Performing, playing and showing works in educationalestablishments.
Lending of copies by educational establishments The licensing provisions Case study: copyright licensing in higher education Conclusion 5 The library and archive provisions and relatedexceptions Overview of the existing exceptions Defining libraries, archives, museums and galleries and the roleof such institutions Divisions within the 1988 Act Wider coverage under the directive The existing library exceptions Miscellaneous exceptions Conclusion Part II How we got here 6 Markets and metaphors Exceptions, licences and market failure.
Copyright as a form of property Copyright law and notions of balance Conclusion 7 Copyright in supranational fora The logic of harmonisation The Commission's understanding of copyright I: market failure, the copyright balance and property rights The Commission's understanding of copyright II: harmonisation and the copyright families Opportunities for participation The Information Society Directive and the importance of officialinertia Summation The international forum Conclusion 8 Copyright in the domestic arena Understandings of copyright.
The DTI's mandate.
Series
Cambridge Intellectual Property and Information Law.
Available in Other Form
Print version: Burrell, Robert Copyright Exceptions : The Digital Impact New York : Cambridge University Press,c2005