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\def\WIPO{World Intellectual Property Organisation}
\)
Details
Title
Capturing the Dynamism of Fairness : a Common Law Perspective
Author
Item Type
Journal article
Summary
Statutory limitations and exceptions are often put forward as the balancing mechanism of copyright law. However, these are steeped in formalism. Although, one might argue that the advantage of formalism is certainty of the law, the value of certainty is diminished if the result of its application is unfair. This chapter argues that the dynamism of fairness is better captured by a court, which can take into account the changing times and circumstances on a case by case basis. Although fair use and fair dealing are normally put forward as less formal approaches to fairness within the regime of statutory limitations and exceptions, this chapter instead deals with the less examined yet facially more open common law power of the judges to prevent or restrict the enforcement of copyright on the grounds of public interest, preserved under s 171(3) of the UK Copyright Designs and Patents Act, 1988.
Supplement Note
Published in : in Daniel Gervais, Fairness, Morality and Ordre Public in Intellectual Property (Edward Elgar Publishing, 2020) 8-29
Linked Resources
Published
[Cheltenham, United Kingdom] : Edward Elgar Publishing, 2020.
Language
English
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