TY  - GEN
N2  - 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.
AB  - 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.
T1  - Capturing the Dynamism of Fairness :a Common Law Perspective
AU  - Mysoor, Poorna.
LA  - eng
ID  - 42063
KW  - Copyright
KW  - Fairness
KW  - Fair balance
KW  - Public interest defense
KW  - Limitations and exceptions
TI  - Capturing the Dynamism of Fairness :a Common Law Perspective
LK  - https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3602804
UR  - https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3602804
ER  -