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The Cambridge Handbook of Copyright Limitations and Exceptions

The Cambridge Handbook of Copyright Limitations and Exceptions

Author: Shyamkrishna Balganesh; Ng-Loy Wee Loon; Haochen Sun
Publisher: Cambridge University Press
ISBN: 9781009293143

Published In: March 2023
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781108483049

List Price: $50.70

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Description
Contents

Details

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

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