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The Cambridge Handbook of Copyright Limitations and Exceptions

Edited by: Shyamkrishna Balganesh, Ng-Loy Wee Loon, Haochen Sun

ISBN13: 9781108483049
Published: January 2021
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £160.00

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While copyright law is ordinarily thought to consist primarily of exclusive rights, the regime's various exemptions and immunities from liability for copyright infringement form an integral part of its functioning, and serve to balance copyright's grant of a private benefit to authors/creators with the broader public interest. With contributors from all over the world, this handbook offers a systematic, thorough study of copyright limitations and exceptions adopted in major jurisdictions, including the United States, the European Union, and China. In addition to providing justifications for these limitations, the chapters compare differences and similarities that exist in major jurisdictions and offer suggestions about how to improve the enforcement of copyright limitations domestically and globally. This work should appeal to scholars, policymakers, attorneys, teachers, judges, and students with an interest in the theories, policies, and doctrines of copyright law.

  • Analyzes how copyright law interacts with other aspects of countries' legal and regulatory landscapes
  • Provides readers with an understanding of the theoretical foundation of copyright limitations
  • Examines how global discussions of copyright exceptions can address recent technological developments

Intellectual Property Law
Part I. The Theoretical Foundation of Copyright Limitations:
1. The economics of copyright exemptions: a comparative analysis
Ben Depoorter
2. Self-actualization and the need to create as a limit on copyright
Christopher S. Yoo
Part II. Internationalizing Copyright Exceptions:
3. Displacing the dominance of the three-step test: the role of global, mandatory use
Tanya Aplin and Lionel Bently
4. An international instrument for permitted uses in copyright law
Reto M. Hilty and Valentina Moscon
5. A copyright limitations treaty based on the Marrakesh model: nightmare or dream come true?
Martin Senftleben
6. Protection of limitations and exceptions in the international copyright framework
Sam Ricketson
Part III. Models of Copyright Exceptions:
7. Debunking the fair use vs fair dealing myth: have we had fair use all along?
Ariel Katz
8. Fair use as an advance on fair dealing? Depolarising the debate
Michael Handler and Emily Hudson
9. The changing judicial politics of copyright exceptions in the UK
Robert Burrell
10. 'Fair use' through fundamental rights in Europe: when freedom of artistic expression allows creative appropriations and opens up statutory copyright limitations
Christophe Geiger
11. Limitations and exceptions in copyright law across the Taiwan Strait
Kung-Chung Lin
12. A general clause on copyright limitations in civil law countries: recent discussion on Japanese-style fair use clause
Tatsuhiro Ueno
13. Bridging fair dealing and fair use concepts: Malaysia's transition to a hybrid system
Ida Madieha Azmi
Part IV. Obvious and Hidden Values in the Working of Copyright Exceptions:
14. Creating a public interest principle for the adjudication of fair use and fair dealing cases
Haochen Sun
15. An empirical review of the copyright limitations and exceptions in educational activities
Daniel Seng
16. Copyright and academic photocopying: the University of Delhi case
Arpan Banerjee
17. Parody, satire, caricature and pastiche: fair dealing is no laughing matter
David Tan
18. Cultural impact on copyright exceptions: parody in Germany and Japan
Christopher Rademacher
19. From fair dealing to user-generated content: legal la la land in Hong Kong
Alice Lee and Brendan Clift
20. Rights, exceptions, and the 'work' of news
Graeme W. Austin
21. Copyright and religion: an exemption for the use of music and songs in worship?
Ng-Loy Wee Loon
22. Security measures and the future of fair use
David Nimmer.