\(
\def\WIPO{World Intellectual Property Organisation}
\)
Transplanting Fair Use across the Globe : A Case Study Testing the Credibility of U.S. Opposition
2020
Details
Title
Transplanting Fair Use across the Globe : A Case Study Testing the Credibility of U.S. Opposition
Item Type
Journal article
Description
72 pages
Summary
In the face of rapid technological change in cultural production and distribution, however, the last couple decades have witnessed widespread interest in adopting fair use in other countries. Thus far, the fair use model has been adopted in a dozen countries and considered by copyright law revision commissions in several others. Yet, ironically, U.S. copyright industries – motion picture studios, record labels, music publishers, and print publishers – and, in some instances, U.S. government representatives have steadfastly opposed the transplanting of U.S. fair use to other countries. They argue, principally, that, while fair use works reasonably well in the U.S., foreign courts that lack the 150 years of U.S. fair use precedent would likely apply the fair use exception in a chaotic, libertine manner, thus seriously undermining copyright protection. This Article tests the credibility of that blanket U.S. opposition. In so doing, we present the first comprehensive study of how courts have actually applied fair use in a country outside the United States. We report the results of our study of the first decade of fair use case law in Israel, which enacted a fair use exception as part of its copyright law revision in 2007. We also compare Israeli fair use doctrine with that of the United States, drawing on parallel empirical studies of U.S fair use case law.
Supplement Note
Published in : Hastings Law Journal
Linked Resources
View this resource
Published
[San Francisco, California] : University of California, 2020.
Language
English
Record Appears in
all