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2 - Standards and Rules

from Part I - Background

Published online by Cambridge University Press:  31 March 2020

Emily Hudson
Affiliation:
King's College London
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Summary

As seen in Chapter 1, discussion of the drafting options for copyright exceptions is often framed around the respective merits of general and specific provisions. This, in turn, is often presented as a choice between flexibility and certainty. One of main propositions in this book is that this approach, whilst containing some truths, is ultimately counterfactual and oversimplified. It is counterfactual because many claims about how exceptions ‘work’ are based on analysis that lacks systematic study of how stakeholders understand and apply the law, instead being drawn exclusively from the law in books. It is oversimplified because classification of a provision as general or specific is often undertaken with inadequate information and with certain characteristics simply asserted: flexibility, rigidity, certainty and so forth. As presented, it can seem that these characteristics are inevitable, invariable and mutually exclusive.

Type
Chapter
Information
Drafting Copyright Exceptions
From the Law in Books to the Law in Action
, pp. 28 - 62
Publisher: Cambridge University Press
Print publication year: 2020

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  • Standards and Rules
  • Emily Hudson, King's College London
  • Book: Drafting Copyright Exceptions
  • Online publication: 31 March 2020
  • Chapter DOI: https://doi.org/10.1017/9781107338012.003
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  • Standards and Rules
  • Emily Hudson, King's College London
  • Book: Drafting Copyright Exceptions
  • Online publication: 31 March 2020
  • Chapter DOI: https://doi.org/10.1017/9781107338012.003
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Standards and Rules
  • Emily Hudson, King's College London
  • Book: Drafting Copyright Exceptions
  • Online publication: 31 March 2020
  • Chapter DOI: https://doi.org/10.1017/9781107338012.003
Available formats
×