@article{42063,
      author = {Mysoor, Poorna.},
      url = {http://tind.wipo.int/record/42063},
      title = {Capturing the Dynamism of Fairness : a Common Law  Perspective},
      abstract = {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.},
      recid = {42063},
}