Copyright Exceptions: The Digital Impact (Cambridge by Robert Burrell

By Robert Burrell

This e-book used to be first released in 2005. Copyright 'exceptions' or 'users' rights' became a hugely arguable point of copyright legislation. such a lot lately, Member States of the eu Union were compelled to amend their platforms of exceptions for you to agree to the data Society Directive. Taking the newly amended united kingdom laws as a case research, this ebook examines why copyright exceptions are invaluable and the forces that experience formed the current legislative regime within the united kingdom. It seeks to extra our realizing of the exceptions by means of combining distinct doctrinal research with insights won from a number different resources. The significant argument of the publication is that the UK's present process of 'permitted acts' is far too restrictive and for this reason is in pressing desire of reform, yet that ironically the knowledge Society Directive issues the best way in the direction of a way more passable procedure.

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See Designers Guild v. , 3rd edn, pp. 212–18 and the cases discussed therein. , 3rd edn, pp. 97–102; R. Jones, ‘The Myth of the Idea/Expression Dichotomy in Copyright Law’ (1990) 10 Pace Law Review 551; P. Loughlan, ‘The Marketplace of Ideas and the Idea/Expression Distinction of Copyright Law’ (2002) 23 Adelaide Law Review 29. Designers Guild v. Russell Williams (Textiles), 121; Ibcos Computers v. 102(b). As I have indicated that has no relevance in United Kingdom law once one goes beyond a mere general idea (at 301–2) (per Jacob J).

Fair Use and Free Inquiry: Copyright Law and the New Media, 2nd edn (Norwood: Ablex Publishing, 1989), in which Lawrence discusses the attempts of the Disney Corporation to persuade the US Treasury Department (which is responsible for customs) to prohibit the importation of How to Read Donald Duck. See A. Dorfman and A. Mattelart, How to Read Donald Duck: Imperialist Ideology in the Disney Comic, trans. D. Kunzle (New York: International General, 1984) (in this edition a version of Lawrence’s essay is reprinted as an appendix).

For example, Melville Nimmer has pointed out that there are works that can make a unique contribution to public understanding and public debate. He gives the example of evidence of atrocities committed by US service personnel during the Vietnam War: Consider the photographs of the My Lai massacre. Here is an instance where the visual impact of a graphic work made a unique contribution to an enlightened democratic dialogue. No amount of words describing the ‘idea’ of the massacre could substitute for the public insight gained through the photographs.

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