Book contents
- Frontmatter
- Contents
- Preface
- List of abbreviations
- Table of cases
- Table of statutes
- Introduction
- Part I Where we are
- Part II How we got here
- Part III Where we go from here
- 9 The fair use panacea
- 10 A model for reform
- Appendices
- Copyright, Designs and Patents Act 1988, Part I, Chapter III: ‘Permitted Acts’
- Copyright, Designs and Patents Act 1988, s. 296ZE and Schedule 5A
- Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society
- United States Copyright Act 1976, 17 USC, s. 107
- Bibliography
- Index
- Cambridge Studies in Intellectual Property
10 - A model for reform
Published online by Cambridge University Press: 04 March 2010
- Frontmatter
- Contents
- Preface
- List of abbreviations
- Table of cases
- Table of statutes
- Introduction
- Part I Where we are
- Part II How we got here
- Part III Where we go from here
- 9 The fair use panacea
- 10 A model for reform
- Appendices
- Copyright, Designs and Patents Act 1988, Part I, Chapter III: ‘Permitted Acts’
- Copyright, Designs and Patents Act 1988, s. 296ZE and Schedule 5A
- Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society
- United States Copyright Act 1976, 17 USC, s. 107
- Bibliography
- Index
- Cambridge Studies in Intellectual Property
Summary
Having rejected the most commonly prescribed solution to the problems created by the United Kingdom's current approach to protecting users, in this final chapter we outline our vision for reform. As we have indicated at a number of points, we believe that, despite its unpromising history, the Information Society Directive provides a good starting point from which to build a fairer system of exceptions. Although there are aspects of the Information Society Directive that are less than ideal, using the Directive as our starting point has the key advantage that the political obstacles to reform are much less formidable – any other model would almost certainly require amendment or repeal of the Directive in order to be implemented. Our vision of reform has been arranged around four principles. These are: (1) reform must lead to a more flexible system; (2) any new approach must create a workable system; (3) a new system should be restyled as a system of users' rights; (4) in the future there needs to be far more public participation. We begin by explaining and justifying the adoption of these principles before turning to consider what a system of rights for users based around the Information Society Directive might look like.
A flexible system
One principle that we believe should drive reform is that the resulting system must be more flexible than the existing one, which is characterised by an exhaustive list of closely defined exceptions.
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- Information
- Copyright ExceptionsThe Digital Impact, pp. 276 - 310Publisher: Cambridge University PressPrint publication year: 2005
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