(DOWNLOAD) "Global Mandatory Fair Use" by Tanya Aplin & Lionel Bently * Book PDF Kindle ePub Free

January 26, 2021

eBook details

Title: Global Mandatory Fair Use
Author : Tanya Aplin & Lionel Bently
Release Date : January 05, 2020
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 6448 KB

Description

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.

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