Copyright Exceptions: The Digital Impact (Cambridge by Robert Burrell

By Robert Burrell

This ebook was once first released in 2005. Copyright 'exceptions' or 'users' rights' became a hugely arguable element of copyright legislations. such a lot lately, Member States of the eu Union were compelled to amend their structures of exceptions to be able to conform to the data Society Directive. Taking the newly amended united kingdom laws as a case learn, this ebook examines why copyright exceptions are useful and the forces that experience formed the current legislative regime within the united kingdom. It seeks to additional our knowing of the exceptions by means of combining distinctive doctrinal research with insights won from more than a few different resources. The relevant argument of the booklet is that the UK's present process of 'permitted acts' is far too restrictive and for that reason is in pressing desire of reform, yet that satirically the data Society Directive issues the best way in the direction of a way more passable strategy.

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Additional resources for Copyright Exceptions: The Digital Impact (Cambridge Intellectual Property and Information Law)

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S. 68. , s. 69. 6 Introduction carry’ obligations for cable service providers, the ‘needletime’ compulsory licence20 and oversight and control of licences and licensing schemes by the Copyright Tribunal. It is important to emphasise that we are not claiming that the above threefold division of the permitted acts is comprehensive or that there are not a number of other, equally plausible, ways of dividing up and thinking about the permitted acts. However, for the reasons given above, it is important to recognise that the permitted acts perform a range of different functions and that they should not all be treated as if they represent circumstances in which Parliament has decided to privilege some other interest over the interests of the copyright owner.

Austria28 the Court held that the prohibition on the publication of photographs of a person suspected of terrorist offences under the right to privacy in images of persons guaranteed under the Austrian Copyright Act 1936 violated Article 10 of the European Convention on Human Rights. 29 25 26 27 28 29 See Cala Homes (South) v. Alfred McAlpine Homes East [1995] FSR 818, 835–6. See also Heptulla v. Orient Longman [1989] FSR 598, 609 (High Court of India). But cf. Donoghue v. Allied Newspapers [1938] Ch 106, 109.

Tushnet, ‘Copyright as a Model for Free Speech Law: What Copyright has in Common with Anti-Pornography Laws, Campaign Finance Reform, and Telecommunications Regulation’ (2000) 42 Boston College Law Review 1, 9–11. 22 Copyright and freedom of expression in every case, be able to discover this means of communication is clearly erroneous. 20 Third, the argument that the idea/expression dichotomy prevents copyright from interfering with freedom of expression ignores the fact that speech will often only be persuasive if it is supported by evidence.

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