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Global Mandatory Fair Use: The Nature and Scope of the Right to Quote Copyright Works

Research output: Book/ReportBookpeer-review

Tanya Aplin, Lionel Bently

Original languageEnglish
PublisherCambridge: Cambridge University Press.
Number of pages280
ISBN (Electronic)9781108884099
ISBN (Print)9781108835459
DOIs
E-pub ahead of print26 Oct 2020
PublishedNov 2020

Publication series

NameCambridge Intellectual Property and Information Law

King's Authors

Abstract

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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