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.