PT Journal
AU Griffiths, J
TI Unsticking the centre-piece – the liberation of European copyright law?
SO JIPITEC
PY 2010
BP 87
EP 95
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