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  1. IIC - International Review of Intellectual Property and Competition Law
  2. IIC - International Review of Intellectual Property and Competition Law : Volume 44
  3. IIC - International Review of Intellectual Property and Competition Law : Volume 44, Issue 4, June 2013
  4. Should the UK Move to a Fair-Use Copyright Exception?
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IIC - International Review of Intellectual Property and Competition Law : Volume 49
IIC - International Review of Intellectual Property and Competition Law : Volume 48
IIC - International Review of Intellectual Property and Competition Law : Volume 47
IIC - International Review of Intellectual Property and Competition Law : Volume 46
IIC - International Review of Intellectual Property and Competition Law : Volume 45
IIC - International Review of Intellectual Property and Competition Law : Volume 44
IIC - International Review of Intellectual Property and Competition Law : Volume 44, Issue 8, December 2013
IIC - International Review of Intellectual Property and Competition Law : Volume 44, Issue 7, November 2013
IIC - International Review of Intellectual Property and Competition Law : Volume 44, Issue 6, September 2013
IIC - International Review of Intellectual Property and Competition Law : Volume 44, Issue 5, August 2013
IIC - International Review of Intellectual Property and Competition Law : Volume 44, Issue 4, June 2013
Shielding the Unitary Patent from the ECJ: A Rash and Futile Exercise
The Battle Over Public E-Libraries – Taking Stock and Moving Ahead
Should the UK Move to a Fair-Use Copyright Exception?
Post-Grant Patent Examination after the America Invents Act
“Gear Hub III” (Nabenschaltung III) : Patent Act, Sec. 12(1) third sentence; Utility Models Act, Sec. 13(3)
“Pallet Container III” (Palettenbehälter III) : European Patent Convention, Art. 69; Patent Act, Sec. 14
“Polymer Foam” (Polymerschaum) : European Patent Convention, Art. 69(1); Patent Act, Secs. 81 et seq., 14
“Enablement and Support” : Patent Act, Secs. 36(4)(i), 36(6)(i) – Sawai Pharmaceutical Co., Ltd. v. Takeda Pharmaceutical Co., Ltd.
“Janssen Pharmaceutical” : Patent Act, Secs. 133(3), 131(1) – Janssen Pharmaceutical K.K. v. The Commissioner of the Patent Office
“Right to Be Heard” : Patent Act, Sec. 153(2) – X v. Universal Entertainment Co., Ltd.
“Security Measures Against ISPs” : Copyright Act (Law No. 2121/1993), Art. 64A, (Implementing Art. 8, Sec. 3 of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the Harmonisation of Certain Aspects of Copyright and Related Rights in the Information Society) – GRAMMO et al . II [Greek Collective Management Societies] v. [Greek Internet Service Providers]
“Kirtsaeng v. John Wiley” : Copyright Act, 17 U.S.C. § 106(3), § 602 – Kirtsaeng v. John Wiley
“OSCAR” : Trade Mark Act, Sec. 14(2); Code of Civil Procedure, Sec. 253(2); European Jurisdiction and Enforcement Regulation, Art. 5 No. 3; Satellite and Cable Directive 93/83/EEC Art. 1(2)
“Converse I” : Community Trade Mark Regulation, Art. 9(1)(2); Trade Mark Act, Sec. 14(2), Nos. 1 and 2, Sec. 24(1)
IIC - International Review of Intellectual Property and Competition Law : Volume 44, Issue 3, May 2013
IIC - International Review of Intellectual Property and Competition Law : Volume 44, Issue 2, March 2013
IIC - International Review of Intellectual Property and Competition Law : Volume 44, Issue 1, February 2013

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Should the UK Move to a Fair-Use Copyright Exception?

Content Provider Springer Nature Link
Author Dnes, Antony W.
Copyright Year 2013
Abstract In the wake of two major government reviews in the United Kingdom, this paper considers whether there might be advantages, particularly in terms of encouraging innovative creative work, in moving the UK much closer to a position allowing courts to accept a claim of fair use as a general defence to a claim of copyright infringement. Since an EU directive holds UK and European jurisprudence to a specific defence based on enumerated purposes, the arguments in the paper are potentially of more general application beyond UK shores. A comparison is made between the operation of enumerated purposes for fair dealing in the UK and the US approach to copyright exceptions based on fair use, which is spreading internationally. A case is made on the basis of the nature of transformative use of existing expressive work, and noting that encouraging innovative work is part of the EU jurisprudence that has increasing impacted UK courts in recent years, making it by no means impossible to argue for fair use in a UK context, or, indeed, in a wider context.
Starting Page 418
Ending Page 444
Page Count 27
File Format PDF
ISSN 00189855
Journal IIC - International Review of Intellectual Property and Competition Law
Volume Number 44
Issue Number 4
e-ISSN 21950237
Language English
Publisher Springer-Verlag
Publisher Date 2013-05-16
Publisher Place Berlin, Heidelberg
Access Restriction One Nation One Subscription (ONOS)
Subject Keyword Fair dealing International IT and Media Law, Intellectual Property Law Fair use Legal reform Copyright exceptions
Content Type Text
Resource Type Article
Subject Political Science and International Relations Law
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