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Journal of Intellectual Property Rights (JIPR) >
JIPR Vol.17 [2012] >
JIPR Vol.17(3) [May 2012] >
| Title: | Exceptions and Limitations in European Union Copyright Law |
| Authors: | Cook, Trevor |
| Keywords: | Copyright
Fair use
Three step test
Human rights |
| Issue Date: | May-2012 |
| Publisher: | NISCAIR-CSIR, India |
| Abstract: | Most countries, including all those in the
EU, provide for exceptions and limitations to copyright by exhaustively listing
and defining in their copyright laws all such permitted exceptions and
limitations. The United
States has been an exception in this
respect, having instead a so called ‘fair use’ approach which provides four
parameters for its courts to apply. Some EU Member States, unhappy at the
inflexibility of their respective approaches to this issue are now starting to
explore to what extent they can move towards a ‘fair use’ approach. This
article considers why this issue has become a particular problem in the EU,
what sort of scope EU Member States have to amend their national laws in such
circumstances, and where further flexibilities might develop in the case law as
a result of the courts applying principles from outside copyright law, notably
on the basis of fundamental human rights. |
| Page(s): | 243-245 |
| CC License: |  CC Attribution-Noncommercial-No Derivative Works 2.5 India |
| ISSN: | 0975-1076 (Online); 0971-7544 (Print) |
| Source: | JIPR Vol.17(3) [May 2012]
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