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Griffiths J (2010). Unsticking the centre-piece – the liberation of European copyright law?. jipitec, Vol. 1. (urn:nbn:de:0009-29-26171)
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%0 Journal Article %T Unsticking the centre-piece – the liberation of European copyright law? %A Griffiths, Jonathan %J jipitec %D 2010 %V 1 %N 2 %@ 2190-3387 %F griffiths2010 %X Following European legislative initiatives in the field of copyright limitations and exceptions, policy flexibilities formerly available to mem-ber states has been greatly diminished. The law inthis area is increasingly incapable of accommodating any expansion in the scope of freely permittedacts, even where such expansion may be an appropriate response to changes in social and technological conditions. In this article, the causes of this problem are briefly canvassed and a number of potentialsolutions are noted. It is suggested that one such solution – the adoption of an open, factor-based modelsimilar to s 107 of the United States’ Copyright Act– has not received the serious attention it deserves.The fair use paradigm has generally been dismissedas excessively unpredictable, contrary to international law and/or culturally alien. Drawing on recentfair use scholarship, it is argued here that these disadvantages are over-stated and that the potentialfor the development of a European fair use modelmerits investigation. %L 340 %U http://nbn-resolving.de/urn:nbn:de:0009-29-26171
Bibtex
@Article{griffiths2010,
author = "Griffiths, Jonathan",
title = "Unsticking the centre-piece -- the liberation of European copyright law?",
journal = "jipitec",
year = "2010",
volume = "1",
number = "2",
abstract = "Following European legislative initiatives in the field of copyright limitations and exceptions, policy flexibilities formerly available to mem-ber states has been greatly diminished. The law inthis area is increasingly incapable of accommodating any expansion in the scope of freely permittedacts, even where such expansion may be an appropriate response to changes in social and technological conditions. In this article, the causes of this problem are briefly canvassed and a number of potentialsolutions are noted. It is suggested that one such solution -- the adoption of an open, factor-based modelsimilar to s 107 of the United States' Copyright Act-- has not received the serious attention it deserves.The fair use paradigm has generally been dismissedas excessively unpredictable, contrary to international law and/or culturally alien. Drawing on recentfair use scholarship, it is argued here that these disadvantages are over-stated and that the potentialfor the development of a European fair use modelmerits investigation.",
issn = "2190-3387",
url = "http://nbn-resolving.de/urn:nbn:de:0009-29-26171"
}
RIS
TY - JOUR AU - Griffiths, Jonathan PY - 2010// TI - Unsticking the centre-piece – the liberation of European copyright law? JO - jipitec VL - 1 IS - 2 N2 - Following European legislative initiatives in the field of copyright limitations and exceptions, policy flexibilities formerly available to mem-ber states has been greatly diminished. The law inthis area is increasingly incapable of accommodating any expansion in the scope of freely permittedacts, even where such expansion may be an appropriate response to changes in social and technological conditions. In this article, the causes of this problem are briefly canvassed and a number of potentialsolutions are noted. It is suggested that one such solution – the adoption of an open, factor-based modelsimilar to s 107 of the United States’ Copyright Act– has not received the serious attention it deserves.The fair use paradigm has generally been dismissedas excessively unpredictable, contrary to international law and/or culturally alien. Drawing on recentfair use scholarship, it is argued here that these disadvantages are over-stated and that the potentialfor the development of a European fair use modelmerits investigation. SN - 2190-3387 UR - http://nbn-resolving.de/urn:nbn:de:0009-29-26171 ID - griffiths2010 ER -
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ISI
PT Journal AU Griffiths, J TI Unsticking the centre-piece – the liberation of European copyright law? SO jipitec PY 2010 VL 1 IS 2 AB Following European legislative initiatives in the field of copyright limitations and exceptions, policy flexibilities formerly available to mem-ber states has been greatly diminished. The law inthis area is increasingly incapable of accommodating any expansion in the scope of freely permittedacts, even where such expansion may be an appropriate response to changes in social and technological conditions. In this article, the causes of this problem are briefly canvassed and a number of potentialsolutions are noted. It is suggested that one such solution – the adoption of an open, factor-based modelsimilar to s 107 of the United States’ Copyright Act– has not received the serious attention it deserves.The fair use paradigm has generally been dismissedas excessively unpredictable, contrary to international law and/or culturally alien. Drawing on recentfair use scholarship, it is argued here that these disadvantages are over-stated and that the potentialfor the development of a European fair use modelmerits investigation. ER
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Full Metadata
| Bibliographic Citation | jipitec, Vol. 1, Iss. 2 |
|---|---|
| Title | Unsticking the centre-piece – the liberation of European copyright law? (eng) |
| Author | Jonathan Griffiths |
| Language | eng |
| Abstract | Following European legislative initiatives in the field of copyright limitations and exceptions, policy flexibilities formerly available to mem- ber states has been greatly diminished. The law in this area is increasingly incapable of accommodating any expansion in the scope of freely permitted acts, even where such expansion may be an appropriate response to changes in social and technological conditions. In this article, the causes of this problem are briefly canvassed and a number of potential solutions are noted. It is suggested that one such solution – the adoption of an open, factor-based model similar to s 107 of the United States’ Copyright Act – has not received the serious attention it deserves. The fair use paradigm has generally been dismissed as excessively unpredictable, contrary to international law and/or culturally alien. Drawing on recent fair use scholarship, it is argued here that these disadvantages are over-stated and that the potential for the development of a European fair use model merits investigation. |
| Subject | |
| DDC | 340 |
| Rights | DPPL |
| URN: | urn:nbn:de:0009-29-26171 |