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Global Mandatory Fair Use

Global Mandatory Fair Use

The Nature and Scope of the Right to Quote Copyright Works

by Tanya Aplin and Lionel Bently
Paperback
Publication Date: 07/07/2022

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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.
ISBN:
9781108812801
9781108812801
Category:
Intellectual property law
Format:
Paperback
Publication Date:
07-07-2022
Publisher:
Cambridge University Press
Country of origin:
United Kingdom
Pages:
282
Dimensions (mm):
229x152x15mm
Weight:
0.38kg

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