Global Mandatory Fair Use
The Nature and Scope of the Right to Quote Copyright Works

Examining a neglected aspect of international copyright law, this book highlights the obligation on nations to maintain broad copyright exceptions.

Tanya Aplin (Author), Lionel Bently (Author)

9781108812801, Cambridge University Press

Paperback / softback, published 7 July 2022

282 pages
22.9 x 15.2 x 1.5 cm, 0.385 kg

'Bently and Aplin … [offer] the most revolutionary proposal to inject flexibility not only into European copyright law but at a global level'. Bernd Justin Jutte, UFITA-Archive for Media Law and Studies

In a path-breaking work, Tanya Aplin and Lionel Bently make the case that the quotation exception in Article 10 of the Berne Convention constitutes a global, mandatory, fair use provision. It is global, they argue, because of the reach of Berne qua Berne and qua TRIPS, and its mandatory nature is apparent from the clear language of Article 10 and its travaux. It relates to 'use' that is not limited by type of work, type of act, or purpose and it is 'fair' use because the work must be made available to the public, with attribution, and the use must be proportionate and consistent with fair practice. By explaining the contours of global, mandatory fair use - and thus displacing the 'three-step test' as the dominant, international copyright norm governing copyright exceptions - this book creates new insights into how national exceptions should be framed and interpreted.

1. Introduction
2. History of article 10(1) Berne
3. Preliminary considerations about the nature of the quotation exception
4. Article 10(1) Berne: requirements
5. Article 10(1) Berne: the meaning of quotation
6. Article 10(1) Berne: fair practice
7. Consequences of global, mandatory fair use
8. Conclusion
Bibliography, Index.

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