The Cambridge Handbook of Copyright Limitations and Exceptions

This handbook provides a comprehensive study of copyright limitations and exceptions adopted in major jurisdictions, comparing differences and similarities and offering suggestions for improving enforcement. It is relevant to scholars, policymakers, attorneys, teachers, judges, and students interested in copyright law.

Format: Paperback / softback
Length: 433 pages
Publication date: 30 March 2023
Publisher: Cambridge University Press

While copyright law is commonly perceived as primarily revolving around exclusive rights, the diverse exemptions and immunities from liability for copyright infringement play a crucial role in the functioning of the regime. These provisions serve to strike a balance between copyright's grant of a private benefit to authors and creators and the broader public interest. This comprehensive handbook, with contributions from experts across the globe, offers a systematic and in-depth exploration of copyright limitations and exceptions adopted in major jurisdictions, such as the United States, the European Union, and China. In addition to providing justifications for these limitations, the chapters compare and contrast the differences and similarities in these jurisdictions, offering valuable insights into how copyright limitations can be effectively enforced domestically and internationally. This work is of interest to scholars, policymakers, attorneys, teachers, judges, and students who are passionate about the theories, policies, and doctrines of copyright law.

Introduction:
Copyright law is a complex and multifaceted legal framework that governs the use and protection of creative works. While exclusive rights are commonly associated with copyright, the regime's various exemptions and immunities from liability for copyright infringement form an integral part of its functioning. These provisions serve to balance copyright's grant of a private benefit to authors and creators with the broader public interest.

Exemptions and Immunities from Liability:
Copyright law provides several exemptions and immunities from liability for copyright infringement. These include fair use, which allows for the limited use of copyrighted material for purposes such as criticism, comment, news reporting, teaching, scholarship, and research. Other exemptions include the use of copyrighted material for governmental purposes, the use of copyrighted material in the course of performing a copyrighted work, and the use of copyrighted material in a way that does not significantly affect the market for the original work. Immunities from liability include the fair use defense, which allows for the use of copyrighted material without obtaining permission from the copyright holder in certain circumstances.

Justifications for Limitations:
The justifications for copyright limitations and exemptions are based on a variety of principles. These include the need to promote creativity and innovation, the need to protect the rights of authors and creators, the need to balance public interests with private interests, and the need to prevent the misuse of copyrighted material.

Comparisons and Suggestions:
The chapters in this handbook compare and contrast the copyright limitations and exemptions adopted in major jurisdictions, including the United States, the European Union, and China. The authors also offer suggestions about how to improve the enforcement of copyright limitations domestically and globally.

Conclusion:
In conclusion, while copyright law is primarily focused on exclusive rights, the regime's various exemptions and immunities from liability for copyright infringement play a crucial role in its functioning. These provisions serve to balance copyright's grant of a private benefit to authors and creators with the broader public interest. This comprehensive handbook offers a valuable resource for scholars, policymakers, attorneys, teachers, judges, and students who are interested in the theories, policies, and doctrines of copyright law.

Weight: 806g
ISBN-13: 9781009293143