Drafting Copyright Exceptions
From the Law in Books to the Law in Action

This is a detailed account of interpretative practices and the 'law in action' that draws lessons for the drafting of copyright exceptions.

Emily Hudson (Author)

9781107618541, Cambridge University Press

Paperback / softback, published 30 June 2022

408 pages
22.9 x 15.2 x 2.1 cm, 0.547 kg

'Drafting Copyright Exceptions is, without doubt, an important study not just for scholars and practitioners of intellectual property, but also judges, policy-makers and copyright users and their representative organizations.' Elena Cooper, Edward Elgar Publishing Ltd

How should copyright exceptions be drafted? This is a question of ongoing concern in scholarly and law reform debates. In Drafting Copyright Exceptions, Emily Hudson assesses drafting options using insights from the standards and rules literature, and case studies from cultural institutions in Australia, Canada, the UK and the US. Drawing on thousands of hours of fieldwork conducted over fourteen years, the book describes how staff engage with and interpret the law. Whilst some practices are guided strongly by copyright doctrine, others are influenced by the factors such as ethical views, risk assessment, and prosaic matters related to collection management. This work should be read by anyone interested in a detailed account of interpretative practices related to the drafting of copyright exceptions, but it also speaks to broader debates about the relationship between the 'law in books' and the 'law in action'.

Part I. Background: 1. Introduction
2. Standards and rules
3. Copyright and cultural institutions
Part II. The Law in Action: 4. Sector-specific exceptions
5. Functional fair use
6. Australian section 200AB
7. Fair dealing's failures?
Part III. The Future: 8. New norms and practices
9. Drafting copyright exceptions
Appendix
Bibliography
Index.

Subject Areas: Copyright law [LNRC], Intellectual property law [LNR], Comparative law [LAM], Law [L]