Global Mandatory Fair Use : The Nature and Scope of the Right to Quote Copyright Works
Book Details
Format
Paperback / Softback
ISBN-10
1108812805
ISBN-13
9781108812801
Publisher
Cambridge University Press
Imprint
Cambridge University Press
Country of Manufacture
GB
Country of Publication
GB
Publication Date
Jul 7th, 2022
Print length
282 Pages
Weight
422 grams
Dimensions
15.20 x 22.80 x 1.90 cms
Product Classification:
Comparative lawIntellectual property lawCopyright law
Ksh 4,600.00
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Aplin and Bently argue that the quotation exception in international law requires countries to operate copyright exceptions that resemble a type of 'fair use.' This book is a key resource for academics, policymakers, lawyers, judges, and copyright user groups, including libraries, cultural institutions, publishers, and record companies.
In a path-breaking work, Tanya Aplin and Lionel Bently make the case that the quotation exception in Article 10 of the Berne Convention constitutes a global, mandatory, fair use provision. It is global, they argue, because of the reach of Berne qua Berne and qua TRIPS, and its mandatory nature is apparent from the clear language of Article 10 and its travaux. It relates to ''use'' that is not limited by type of work, type of act, or purpose and it is ''fair'' use because the work must be made available to the public, with attribution, and the use must be proportionate and consistent with fair practice. By explaining the contours of global, mandatory fair use - and thus displacing the ''three-step test'' as the dominant, international copyright norm governing copyright exceptions - this book creates new insights into how national exceptions should be framed and interpreted.
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