scholarly journals Fair dealing: a concept in UK copyright law

2015 ◽  
Vol 28 (3) ◽  
pp. 229-231
Author(s):  
Lynette Owen
Keyword(s):  
Copyright Law ◽  
Fair Dealing

scholarly journals Proposals for copyright law and education during the COVID-19 pandemic

2021 ◽  
Vol 71 (4) ◽  
pp. 571-594
Author(s):  
Emily Hudson ◽  
Paul Wragg
Keyword(s):  
Open Access ◽  
Public Interest ◽  
Copyright Infringement ◽  
Copyright Law ◽  
Open Access Publishing ◽  
Educational Institutions ◽  
Academic Publishing ◽  
Fair Dealing ◽  
Compulsory Licensing ◽  
Catastrophic Impact

This article asks whether the catastrophic impact of the COVID-19 pandemic justifies new limitations or interventions in copyright law so that UK educational institutions can continue to serve the needs of their students. It describes the existing copyright landscape and suggests ways in which institutions can rely on exceptions in the Copyright, Designs and Patents Act 1988 (CDPA), including fair dealing and the exemption for lending by educational establishments. It then considers the viability of other solutions. It argues that issues caused by the pandemic would not enliven a public interest defence to copyright infringement (to the extent this still exists in UK law) but may be relevant to remedies. It also argues that compulsory licensing, while permissible under international copyright law, would not be a desirable intervention, but that legislative expansion to the existing exceptions, in order to encourage voluntary collective licensing, has a number of attractions. It concludes by observing that the pandemic highlights issues with the prevailing model for academic publishing and asks whether COVID may encourage universities to embrace in-house and open access publishing more swiftly and for an even greater body of material.

2. Copyright

2017 ◽  
Author(s):  
Tim Press
Keyword(s):  
European Union ◽  
Public Interest ◽  
Copyright Law ◽  
Substantial Part ◽  
The European Union ◽  
Dramatic Works ◽  
Sound Recordings ◽  
Fair Dealing ◽  
The Public ◽  
Musical Works

This chapter defines copyright as arising whenever a work is created under qualifying conditions. The Copyright, Designs, and Patents Act 1988 (CDPA) defines eight types of work that fall under two categories: works that must be original or ‘authorial works’, including literary works, dramatic works, musical works, and artistic works; and works that need not be original or ‘entrepreneurial works’: films, sound recordings, broadcasts, and the typographical arrangement of published editions. Copyright is infringed by copying or communicating the whole or a substantial part of a work—referred to as primary infringement—or by dealing in infringing copies of a work-referred to as secondary infringement. There are some major and many minor defences to copyright infringement including the ‘fair dealing’ defences and the public interest. Many aspects of copyright law have been harmonized by the European Union.

scholarly journals Benefits of quantitative and doctrinal methodological approaches to fan studies research

2020 ◽  
Vol 33 ◽  
Author(s):  
Ruth Flaherty
Keyword(s):  
Copyright Law ◽  
Fan Studies ◽  
Fan Fiction ◽  
Berne Convention ◽  
Legal Research ◽  
Fair Dealing ◽  
Empirical Research Methods ◽  
Methodological Approaches ◽  
Special Case

This discussion of the main practices of both legal research and fan studies research explores their key differences and similarities to demonstrate that there are important conclusions that can be drawn from the discourse between the two. The methodology of this research into copyright and fan fiction will be used as a case study to demonstrate how well these fields intersect. This research investigates whether transformative works of fan fiction should be covered by the new fair-dealing exception for pastiche within UK copyright law (Copyright Designs and Patents Act 1988), similar to parody. To discuss this, my research investigates whether it can be said empirically and doctrinally that fan fiction could be classified as a special case that does not adversely affect the rights holders' interests, as required by Article 13 of the Agreement on Trade-Related Aspects of Intellectual Property Rights and Article 9 of the Berne Convention for the Protection of Literary and Artistic Works. By adding doctrinal and empirical research methods to fan studies, the argument can be made that fan fiction is not harmful to the underlying work and does not interfere with the copyright holders' normal exploitation of that work, and as such should be permitted as fair dealing.

2. Copyright, culture, and commerce

2017 ◽  
Author(s):  
Siva Vaidhyanathan
Keyword(s):  
Current System ◽  
Regulatory System ◽  
Copyright Law ◽  
Fair Use ◽  
Fair Dealing ◽  
The World ◽  
First Sale ◽  
Creative Environment

Copyright is the most pervasive cultural regulatory system in the world. In recent decades, copyright law has become stronger, covers more activities, restricts more uses, and lasts longer than ever before. Is the current system the best possible system for the current and future creative environment? And are the benefits of the copyright system justly distributed or do the wealthy and powerful continue to reap the bulk of the rewards for it at the expense of everyone else? “Copyright, commerce, and culture” considers what copyright does, and the four major limits of copyright—expiration, fair use or fair dealing, first sale, and the idea/expression dichotomy.

Fair Use, Fair Dealing: will they survive?

2001 ◽  
Vol 26 (4) ◽  
pp. 18-21 ◽  
Author(s):  
Rina Elster Pantalony
Keyword(s):  
Web Sites ◽  
New Technologies ◽  
Copyright Law ◽  
Fair Use ◽  
Digital Content ◽  
Fair Dealing ◽  
Absurd Conclusion ◽  
On Line ◽  
The Right ◽  
Gain Access

A previous article by this author discussed an emerging phenomenon on the Internet. That is, how the law, by denying copyright protection to certain kinds of digital works, may have restricted access to such works instead of liberating them, as was initially intended by the judiciary. This absurd conclusion has resulted from owners whose works are no longer protected by copyright law, who have resorted to restrictive contractual provisions on-line to control access and use of their works. And in turn, owners of such content are still able to generate revenue by charging a subscription fee for the right to gain access to the information contained therein. The result is particularly troubling to end users of digital content. If copyright law is no longer applicable, then what of the Fair Use/Fair Dealing defences available to users of these works? Does this mean that these defences are not applicable either? Are users of such content completely at the mercy of the owners’ terms and conditions of use as dictated by click-on agreements and Rules of Use posted on Web sites? This article discusses the application of Fair Dealing and Fair Use to Internet-based works, by examining the legislative and judicial responses to the ambiguities in their intellectual property protection which new technologies create.

scholarly journals COMPARATIVE STUDY OF IMPLICATION FOR IMPLEMENTING COPYRIGHT LAW AND BOOK LAW IN THE LIBRARY COLLECTION SERVICE

2019 ◽  
Vol 8 (2) ◽  
pp. 234
Author(s):  
Mohamad Pandu Ristiyono ◽  
Ratna Nurhayati
Keyword(s):  
Comparative Study ◽  
Research Method ◽  
Social Function ◽  
Copyright Law ◽  
Fair Use ◽  
Copyright Holder ◽  
Fair Dealing ◽  
Library Collection ◽  
The Social ◽  
The Law

This article examines the implication of Copyright Law and Book Law implementation <br />of the service in the library. The research method used is normative juridical legal. The<br />correlation between the Book Law, Law on Handover of Print and Recorded Works<br />and the Library Law, both are lex specialist derogate generalist of the Copyright<br />Law or not, according to the author is the adoption or depiction of the fair use and<br />fair dealing doctrine as which is the social function of copyright. The Copyright<br />Law provides protection for Author and Copyright Holder with exclusive rights to<br />be exploited. Related to the Law on Handover of Print and Record Works which<br />gives the obligation of the Author or Copyright Holder to deposit their work for the<br />purpose of preservation and other social purposes to the library which is regulated<br />in the Library Law

scholarly journals Review of Canadian University Fair Dealing Policies

2017 ◽  
Author(s):  
Lisa Di Valentino
Keyword(s):  
Web Sites ◽  
Copyright Law ◽  
Court Decisions ◽  
Policy Decisions ◽  
Intended Audience ◽  
Fair Dealing ◽  
Canadian Universities ◽  
The Past ◽  
Current State ◽  
The Future

The past three years have seen a number of changes in the area of copyright law, particularly in the area of education. As a result, Canadian universities have had to make policy decisions to account for these changes and the resulting expansion of fair dealing rights. The content and consistency of the resulting policies may have a significant effect on the future interpretation of fair dealing rights. In this paper I analyze the current state of fair dealing policies and supporting information found on university web sites. I conclude that an ideal fair dealing policy is open ended and flexible, and incorporates mention of the significant elements of copyright legislation, court decisions, and other areas of law, in a way that is accessible to its intended audience of faculty and instructors.

scholarly journals Comparison of fair use and fair dealing concepts in copyright law and their meaning for libraries

2021 ◽  
pp. 15-28
Author(s):  
K. Yu. Volkova
Keyword(s):  
Digital Technologies ◽  
The United States ◽  
Copyright Law ◽  
Fair Use ◽  
Special Importance ◽  
Wide Spread ◽  
Fair Dealing ◽  
The United Kingdom ◽  
Similarities And Differences ◽  
Fee Payment

The paper analyzes similarities and differences between fair use and fair dealing doctrines in copyright law that allow for limited use of copyright-protected material without the need of permission from the rightholder. Both concepts have long been part of legislation but have recently gained special interest due to the wide spread of digital technologies and the ease of copying materials, both text ones and any other digitized materials. What kind of use may be deemed fair and what may not, has become the question of everyday interest. Copyright exceptions implemented in the form of fair use or fair dealing concepts are of special importance to libraries. However, their application is far from trivial and the situation is further complicated by insufficiently understood difference between the two concepts. The paper reviews general approach implemented in both described doctrines, terminology issues, similarities and dissimilarities of the doctrines, their territorial coverage, and historic origins of doctrine differences. The doctrine having originated in the United Kingdom and developed in the United States has become an example, a pattern that is followed in legislation of many countries worldwide. Fair use/fair dealing concepts have found their reflection in Russian copyright law in the form of “free use” of a work without author’s permission and without copyright fee payment. The paper further deals with the significance of fair use doctrine for library collections digitization and other applications of technology innovation. A prediction is made for growing importance of fair use and fair dealing copyright exceptions in the nearest future.

Copyright User Rights

2017 ◽  
Author(s):  
Pascale Chapdelaine
Keyword(s):  
Copyright Law ◽  
Fair Use ◽  
Private Law ◽  
Supreme Court Of Canada ◽  
The European Union ◽  
Protection Measures ◽  
Fair Dealing ◽  
Personal Property ◽  
The Supreme Court ◽  
The Impact

This book explores the scope of copyright user rights through the lens of property, copyright, and contract law. It proposes a taxonomy and hierarchy of copyright user rights that makes a distinction between user property, user rights, and user privileges. The book looks at user rights from an international law and multijurisdictional perspective (including the European Union, United States, Canada, United Kingdom, France, and Australia) with a particular focus on Canada, given the significant amount of jurisprudence of the Supreme Court of Canada on copyright user rights. Unlike other works that look at copyright user rights through concepts of public law and policy, this book explores user rights through concepts of private law (personal property, goods, services, sales, licences) and copyright law (exceptions to copyright infringement such as fair dealing and fair use, the first sale or exhaustion doctrine, and the impact of technological protection measures on how users experience copyright works). The book develops a pluralistic theory of copyright user rights that recognizes their diversity and myriad ways users experience copyright works, while emphasizing the importance and role of copyright users within copyright law. The book calls for the re-evaluation of the dichotomy between tangibility and intangibility and for greater cohesion between copyright law and traditional concepts of private law.

Sign in / Sign up

Export Citation Format

Share Document