Copyright Law in an Age of Limitations and Exceptions

In this book, leading scholars analyze the important role played by copyright exceptions in economic and cultural productivity.

Ruth L. Okediji (Edited by)

9781107584846, Cambridge University Press

Paperback / softback, published 20 December 2018

542 pages, 6 b/w illus. 6 tables
23 x 15.3 x 3.3 cm, 0.81 kg

'Curated by a leading international copyright legal scholar, this innovative collection represents leading theoretical, policy, and practical approaches toward the significant roles of limitations and exceptions in promoting first principles of copyright law.' Margaret Chon, Donald and Lynda Horowitz Professor for the Pursuit of Justice, Seattle University

Copyright Law in an Age of Limitations and Exceptions brings together leading copyright scholars and the field's foremost authorities to consider the critical role of copyright law in shaping the complex social, economic, and political interaction critical for cultural productivity and human flourishing. The book addresses defining issues facing copyright law today, including justifications for copyright law's limitations and exceptions (L&Es), the role of authors in copyright, users' rights, fair use politics and reform, the three-step test in European copyright law, the idea/expression principle with respect to functional works, limits on the use of L&Es in scientific innovation, and L&Es as a tool for economic development in international copyright law. The book also presents case studies on the historical development of the concept of 'neighboring rights' and on Harvard Law School's pioneering model of global copyright education, made possible by the exercise of L&Es across national borders.

1. Justifications for copyrights limitations and exceptions Pamela Samuelson
2. The role of the author in copyright Jane C. Ginsburg
3. A few observations about the state of copyright law William F. Patry
4. Fetishizing copies Jessica Litman
5. Copyright in a digital ecosystem: a user rights approach Niva Elkin-Koren
6. The Canadian copyright story: how Canada improbably became the world leader on users' rights in copyright law Michael Geist
7. (When) Is copyright reform possible? James Boyle
8. Fair use and its politics - at home and abroad Justin Hughes
9. Flexible copyright: can the EU author's right accommodate fair use? P. Bernt Hugenholtz
10. The limits of 'limitations and exceptions' in copyright law Jerome H. Reichman
11. Lessons from CopyrightX William W. Fisher, III
12. Rights on the border: the Berne Convention and neighbouring rights Sam Ricketson
13. How oracle erred: the use/explanation distinction and the future of computer copyright Wendy J. Gordon
14. International copyright limitations and exceptions as development policy Ruth L. Okediji.

Subject Areas: Copyright law [LNRC], Intellectual property law [LNR], International law [LB], Comparative law [LAM]