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

Tanya Aplin and Lionel Bently argue that the quotation exception in Article 10 of the Berne Convention is a global, mandatory, fair use provision. This book provides new insights into how national exceptions should be framed and interpreted, displacing the three-step test as the dominant international copyright norm.

Format: Paperback / softback
Length: 282 pages
Publication date: 07 July 2022
Publisher: Cambridge University Press

In a groundbreaking work, Tanya Aplin and Lionel Bently argue that the quotation exception in Article 10 of the Berne Convention constitutes a global, mandatory, and fair use provision. They contend that the exception's global reach stems from its application under both the Berne Convention and the TRIPS Agreement, as well as the clear language of Article 10 and its travaux. The mandatory nature of the exception is evident from the explicit language of the article and its interpretative history.

This exception relates to the use of copyrighted works that is not limited by the type of work, the nature of the act, or the purpose for which it is used. It is considered 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 elucidating the boundaries of global, mandatory fair use, this book offers valuable insights into how national copyright exceptions should be framed and interpreted.

By displacing the three-step test as the dominant international copyright norm governing copyright exceptions, this work contributes to a reevaluation of copyright law and its application in the digital age. It emphasizes the importance of balancing the interests of copyright holders and users, ensuring that exceptions are tailored to promote creativity, innovation, and access to knowledge while respecting the rights of creators.

In conclusion, Aplin and Bently's work is a significant contribution to the field of copyright law, offering a fresh perspective on the quotation exception and its implications for global copyright norms. It is a must-read for scholars, policymakers, and practitioners interested in understanding the evolving landscape of copyright exceptions and their impact on the digital economy.

Weight: 422g
Dimension: 152 x 228 x 19 (mm)
ISBN-13: 9781108812801