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Jonathan Griffiths, Unsticking the centre-piece – the liberation of European copyright law?, 1 (2010) JIPITEC 87 para 1.

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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
%P 87-95

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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",
  pages = 	"87--95",
  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"
}

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RIS

TY  - JOUR
AU  - Griffiths, Jonathan
PY  - 2010
DA  - 2010//
TI  - Unsticking the centre-piece – the liberation of European copyright law?
JO  - JIPITEC
SP  - 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.
SN  - 2190-3387
UR  - http://nbn-resolving.de/urn:nbn:de:0009-29-26171
ID  - griffiths2010
ER  - 
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Wordbib

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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
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

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Mods

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  <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
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JIPITEC – Journal of Intellectual Property, Information Technology and E-Commerce Law
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