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

Dnes, Antony W.

doi:10.1007/s40319-013-0049-y

Cited by 10 publications

(3 citation statements)

References 12 publications

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“…However, there is a difference in essence. The principle of fair dealing is more limited and strict than fair use in the US [8] . The UK copyright principle of fair dealing, thus far, emphasizes the use of a closed list of blow-by-blow certain uses of an artistic work that do not require the author's consent [8] .…”

Section: Problems Caused By the Current Copyright Protection Under Uk...mentioning

confidence: 99%

“…The principle of fair dealing is more limited and strict than fair use in the US [8] . The UK copyright principle of fair dealing, thus far, emphasizes the use of a closed list of blow-by-blow certain uses of an artistic work that do not require the author's consent [8] . In other words, in addition to the purposes listed in the CDPA, such as quotation, criticism and comment, news reports and parody [9] .…”

Section: Problems Caused By the Current Copyright Protection Under Uk...mentioning

confidence: 99%

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Introduction of a New Exception: The Protection of User-Generated Content under UK Copyright Law

2022

IJFS

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The rapidly developing Web 2.0 technologies positively affect the development of Usergenerated Content (UGC). UGC is considered as various types of multimedia content generated by online users that are available publicly. The situations of UGC are not optimistic in the UK, as the current copyright protection for original works is deemed to be over strict, which leads to a series of problems such as an inhibition of freedom of users and hindrance to economic growth and innovation. In order to explore how to effectively introduce the new exception into the copyright law of the UK, this paper refers to the copyright protection approaches of the copyright laws of Canada and the US for UGC. With respect to the Canadian experience, Canadian copyright law adopts a semi-open dealing system, whereas US copyright law establishes a fair use system to protect UGC. Both methods have achieved some degree of success in practice. However, each of them has its drawbacks. The introduction of semi-open fair trade system into the UK copyright system will improve the flexibility and efficiency copyright protection of UGC. But it has also been criticized for imposing too much emphasis on noncommercial purposes and for overlapping protection issues. The core advantage of the US fair use system is that it is flexible to balance exclusive rights with satisfying social, cultural and economic needs, but one of the realistic problems is that the UK does not have a tradition of fair use system and whether it can be implemented in the UK copyright law remains to be seen. After a comparison between the US approach and Canadian approach to the copyright protection of UGC, it can be concluded that a semiopen fair dealing regime for a UGC exception in UK copyright law with reference to Canadian experience is much more suitable for the UK, which will provide more flexibility and legal certainty.

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Section: Problems Caused By the Current Copyright Protection Under Uk...mentioning

confidence: 99%

Section: Problems Caused By the Current Copyright Protection Under Uk...mentioning

confidence: 99%

Introduction of a New Exception: The Protection of User-Generated Content under UK Copyright Law

2022

IJFS

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“…Act might allow copyright exceptions be adjusted effectively to changing developments without additional legislation. 70 Whether and how InfoSoc catalogue of exception and limitations should be reformed is being currently discussed broadlyat both the Commission 71 and national levels 72…”

Section: The Debate Around Article 5 Reformmentioning

confidence: 99%

Copyright in the EU: in search of (in)flexibilities

Rosati¹

2014

Journal of Intellectual Property Law & Practice

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Over the past few years consensus has grown around the idea that current EU legislative framework for copyright lacks the flexibility needed to accommodate emerging interests, specifically those arising in connection with technological development. The principal directive in the area of copyright-Directive 2001/29/EC (the 'InfoSoc Directive')-1 purported to harmonise, among other things, the main exclusive rights (reproduction, communication and making available to the public, and distribution) by providing a "high level of protection", 2 and the system of related exceptions and limitations. Yet the Directive has been widely criticised for having failed to increase legal certainty in the EU 3 and, overall, has been considered "a badly drafted, compromise-ridden, ambiguous piece of legislation". 4 While debate as to whether the InfoSoc Directivein particular, Article 5 and its enumerated system of exceptions and limitationsshould be reformed has gained momentum, 5 very limited (if any) attention has been devoted to exploring the relationship between this directive, the emerging doctrine of EU pre-emption and the room left for national initiatives. In particular, it remains uncertain to what extent Member States are free to legislate in areas affected by the InfoSoc Directive, notably exclusive rights and related exceptions and limitations. Therefore, two main questions should be addressed: Are Member States entitled to alter, ie broaden or restrict, the scope * Ph.D. (EUI), LL.M.

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User Generated Content and Users’ Rights

Ayyar¹

2023

The WIPO Internet Treaties at 25

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

Cited by 10 publications

References 12 publications

Introduction of a New Exception: The Protection of User-Generated Content under UK Copyright Law

Introduction of a New Exception: The Protection of User-Generated Content under UK Copyright Law

Copyright in the EU: in search of (in)flexibilities

User Generated Content and Users’ Rights

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