By Robert Burrell
This booklet used to be first released in 2005. Copyright 'exceptions' or 'users' rights' became a hugely debatable element of copyright legislation. so much lately, Member States of the eu Union were compelled to amend their structures of exceptions that allows you to agree to the knowledge Society Directive. Taking the newly amended united kingdom laws as a case learn, this ebook examines why copyright exceptions are worthy and the forces that experience formed the current legislative regime within the united kingdom. It seeks to additional our realizing of the exceptions via combining specified doctrinal research with insights received from more than a few different assets. The vital argument of the ebook is that the UK's present procedure of 'permitted acts' is far too restrictive and therefore is in pressing desire of reform, yet that satirically the knowledge Society Directive issues the best way in the direction of a way more passable procedure.
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Extra info for Copyright Exceptions: The Digital Impact (Cambridge Intellectual Property and Information Law)
However, with one or two notable exceptions, individual commentators have tended to shy away from confronting the full range of circumstances in which copyright can be said convincingly to interfere with freedom of expression. Instead they have chosen to focus on particular issues and problems. It is instructive to consider why there might be a temptation to downplay the potential conflict between copyright and freedom of expression. In particular, we believe that it is important to recognise that reconciling copyright and freedom of expression is a daunting task.
The Commodification of Information (The Hague: Kluwer Law International, 2002), pp. 258–61, who argues that the Commission in these cases ‘sidestepped the essence of the conflict between copyright and Article 10’. Eldred v. Ashcroft 537 US 186 (2003), 220–1. For an informative discussion of this aspect of Eldred see S. McJohn, ‘Eldred’s Aftermath: Tradition, the Copyright Clause, and the Constitutionalization of Fair Use’ (2003) 10 Michigan Telecommunications and 24 Copyright and freedom of expression Despite the fact that judicial reliance on the idea/expression dichotomy appears be waning, this has not led courts to throw open the question of how copyright protection impacts upon freedom of expression.
We do not accept that it is necessarily na¨ıve to suppose that copyright owners might be persuaded of the case for reform if the problems with the current system are laid out sufficiently clearly, and more generally we are uncomfortable with the tendency amongst some pro-user commentators to portray the copyright industries and their representatives as irredeemably wicked and self-centred. We also believe that an approach that takes current law and practice as its starting point is preferable to starting with a normative theory of copyright law and attempting to build an ideal system from the ground up.
Copyright Exceptions: The Digital Impact (Cambridge Intellectual Property and Information Law) by Robert Burrell