This book was first published in 2005. Copyright 'exceptions' or 'users' rights' have become a highly controversial aspect of copyright law. Most recently, Member States of the European Union have been forced to amend their systems of exceptions so as to comply with the Information Society Directive. Taking the newly amended UK legislation as a case study, this book examines why copyright exceptions are necessary and the forces that have shaped the present legislative regime in the UK. It seeks to further our understanding of the exceptions by combining detailed doctrinal analysis with insights gained from a range of other sources. The principal argument of the book is that the UK's current system of 'permitted acts' is much too restrictive and hence is in urgent need of reform, but that paradoxically the Information Society Directive points the way towards a much more satisfactory approach.

This is a detailed account of interpretative practices and the 'law in action' that draws lessons for the drafting of copyright exceptions.

This book critically evaluates the current copyright law system in a digital environment from a comparative perspective. Since many developing countries modelled their copyright laws on more advanced jurisdictions, they have not benefitted from such a law as much as intended due to their inherently embedded social economic conditions. Moreover, the copyright law system has been under constant challenges from rapidly developing digital technology and the Internet. All in all, there is a pressing need for developing countries to reevaluate their copyright law in light of their national needs, the developmental stage of their economy, their culture and tradition, and their legal system. The book poses the question of whether copyright law should be reformed to fulfill its fundamental purpose of serving education and research that are in the public interest in the digital era? It examines whether the legal frameworks adequately address developing countries’ educational and research requirements in view of the opportunities and restrictions posed by electronic communication media. Further, it provides a comprehensive study that addresses the various critical issues relevant to the reform of the copyright law system and offers recommendations for developing countries to revamp their copyright law system to better serve their education and research sector.

In this book, leading scholars analyze the important role played by copyright exceptions in economic and cultural productivity.

Parodies have been created throughout times and cultures. A glimpse at the general judicial latitude generally afforded to parodies, satires, caricatures, and pastiches demonstrates the social and cultural value of this particular form of artistic expression. With the advent of technologies and the evolution of copyright legislation, creative endeavours in the form of parody gathered a new youth but became unlawful. While copyright law grants exclusive rights to right-holders, this right is not absolute. Legislation includes specific exceptions, which preclude right-holders from exercising their prerogatives in particular cases which foster creativity and cultural diversity within that society. The parody exception pertains to this ultimate objective by permitting users to reproduce copyright-protected materials for the purpose of parody. To understand the meaning and scope of the parody exception, this book examines and compares five jurisdictions which differ in their protection of parodies: France, Australia, Canada, the US and the United Kingdom. This book is concerned with finding an appropriate balance between the protection awarded to right-holders and the public interest. This is achieved by analysing the parody exception to the economic rights of right-holders, the preservation of moral rights and the interaction of the parody exception with contract law. As parodies constitute an artistic expression protected under the right to freedom of expression, this book also considers the influence of freedom of expression on the interpretation of this specific copyright exception. Furthermore, this book aims at providing guidance on how to resolve conflicts where fundamental rights are in conflict. This is the first book in English to offer an in-depth investigation into the parody exception in copyright law, and comments on industry practices linked to this form of creative endeavours.

This book gathers international and national reports from across the globe on key questions in the field of antitrust and intellectual property. The first part discusses the application of competition law to online sales platforms, which is increasingly a focus for anti-trust authorities around the world. A detailed international report explores which are the major challenges for competition law generated by the growth of online platforms. It provides an excellent comparative study of this complex and challenging subject. The second part of the book gathers contributions from various jurisdictions on the topic “To what extent do current exclusions and limitations to copyright strike a fair balance between the rights of owners and fair use by private individuals and others ?" This section presents an international report, which offers an unparalleled comparative analysis of this topic, bringing together common themes and contrasting the various national provisions dealing with exceptions to copyright, amongst other things. The book also includes the resolutions passed by the General Assembly of the International League of Competition Law (LIDC) following a debate on each of these topics, which include proposed solutions and recommendations. The LIDC is a long-standing international association that focuses on the interface between competition law and intellectual property law, including unfair competition issues.

Information Law Series Volume 45 In a copyright system characterised by broad and long-lasting exclusive rights, exceptions provide a vital counterweight, especially in times of rampant technological change. The EU’s controversial InfoSoc Directive – now two decades old – lists exceptions in which an unauthorised user will not have infringed the rightholder’s copyright. To reform or not to reform this legal framework – that is the question considered in great depth in this book, providing detailed theoretical and normative analysis of the Directive, the national and CJEU case law arising from it, and meticulously thought-out proposals for change. By breaking down the concepts of ‘flexibility’ and ‘legal certainty’ into a set of policy objectives and assessment criteria, the author thoroughly examines such core aspects of the framework as the following: the justifications for exceptions, e.g., safeguarding the fundamental rights of users; the regimes established in legislation and case law for key exceptions; the need to promote technological development; the importance of avoiding re-fragmentation caused by uncoordinated national legislative responses to technological changes; the legal status of digital technologies that rely on unauthorised uses of copyright-protected works; and the pros and cons of importing a fair use standard modelled after that of the United States. In an invaluable concluding chapter, the author puts forward a set of reform proposals, articulating their advantages and responding to potential objections. In doing so, the chapter also identifies, synthesises and critically examines the various proposals that have been advanced in the academic literature. In its decisive contribution to the debate around the InfoSoc Directive and the rules that guide its implementation, interpretation, and application, this book isolates the contentious structural features of the framework and examines them in a critical fashion. The author’s systematised review of scholarly and policymaking proposals for increasing flexibility and legal certainty in EU copyright law will be welcomed by practitioners in intellectual property law and other areas of economic law, as well as by interested policymakers and scholars.

This book provides a contemporary overview of developing areas of copyright law in the Asian Pacific region. While noting the tendency towards harmonisation through free trade agreements, the book takes the perspective that there is a significant amount of potential for the nations of the Asian Pacific region to work together, find common ground and shift international bargaining power. Moreover, in so doing, the region can tailor any regional agreements to suit local needs. The book addresses the development of norms in the region and the ways in which this can occur in light of the specific nature of the creator–owner–user paradigm in the region and the common interests of Indigenous peoples.

A uniquely practical approach to intellectual property law: unfold the problem, reveal the law, apply to life. Using this new and innovative textbook, students are given a problem scenario to unfold; as they do this they will learn to understand the key questions and issues surrounding each area of intellectual property law. As each problem is explored, clear explanations reveal the central legal concepts underpinning the relevant topic. Further illustrations and references to the problem apply the law, enabling students to see for themselves how the law interacts with everyday life and business and giving them a deep and practical understanding. Online Resources A range of additional online resources are provided online, including guidance on how to approach the questions contained in the book, regular updates on legal developments, links to useful websites, and examples of relevant documents.

Full text of Digital Copyright Act with legislative history, associated case law and other materials relevant to the subject.