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Global Mandatory Fair Use - The Nature and Scope of the Right to Quote Copyright Works (Paperback, New edition)
Loot Price: R706
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Global Mandatory Fair Use - The Nature and Scope of the Right to Quote Copyright Works (Paperback, New edition)
Series: Cambridge Intellectual Property and Information Law
Expected to ship within 12 - 17 working days
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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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