Copyright Law in an Age of Limitations and Exceptions

by Ruth L. Okediji (Editor)

Overview

Copyright Law in an Age of Limitations and Exceptions brings together leading copyright scholars and the field's foremost authorities to consider the critical role of copyright law in shaping the complex social, economic, and political interaction critical for cultural productivity and human flourishing. The book addresses defining issues facing copyright law today, including justifications for copyright law's limitations and exceptions (L&Es), the role of authors in copyright, users' rights, fair use politics and reform, the three-step test in European copyright law, the idea/expression principle with respect to functional works, limits on the use of L&Es in scientific innovation, and L&Es as a tool for economic development in international copyright law. The book also presents case studies on the historical development of the concept of 'neighboring rights' and on Harvard Law School's pioneering model of global copyright education, made possible by the exercise of L&Es across national borders.

Product Details

ISBN-13:	9781107132375
Publisher:	Cambridge University Press
Publication date:	03/30/2017
Series:	Cambridge Intellectual Property and Information Law
Pages:	496
Product dimensions:	6.18(w) x 9.09(h) x 1.69(d)

About the Author

Ruth L. Okediji is the William L. Prosser Professor of Law at the University of Minnesota Law School. A renowned scholar in international intellectual property law, she has authored several books and numerous articles, chapters, commissioned papers and United Nations studies. She serves as a policy advisor to many governments and inter-governmental organizations on the relationship among intellectual property, innovation and national development goals. She was a member of the US National Academies Board on Science, Technology and Economic Policy's Committee on the Impact of Copyright Policy on Innovation in the Digital Era.

Table of Contents

1. Justifications for copyrights limitations and exceptions Pamela Samuelson; 2. The role of the author in copyright Jane C. Ginsburg; 3. A few observations about the state of copyright law William F. Patry; 4. Fetishizing copies Jessica Litman; 5. Copyright in a digital ecosystem: a user rights approach Niva Elkin-Koren; 6. The Canadian copyright story: how Canada improbably became the world leader on users' rights in copyright law Michael Geist; 7. (When) Is copyright reform possible? James Boyle; 8. Fair use and its politics - at home and abroad Justin Hughes; 9. Flexible copyright: can the EU author's right accommodate fair use? P. Bernt Hugenholtz; 10. The limits of 'limitations and exceptions' in copyright law Jerome H. Reichman; 11. Lessons from CopyrightX William W. Fisher, III; 12. Rights on the border: the Berne Convention and neighbouring rights Sam Ricketson; 13. How oracle erred: the use/explanation distinction and the future of computer copyright Wendy J. Gordon; 14. International copyright limitations and exceptions as development policy Ruth L. Okediji.

Editorial Reviews

'No corner of copyright law promises to be more vexed - or consequential - over the next quarter-century than exceptions and limitations. This superb collection ably illuminates all of the most salient issues.' Paul Goldstein, Lillick Professor of Law, Stanford University, California

'Copyright has grown to become a major subject of public debate, and the well-known authorities in this engaging volume have excelled in describing and contributing to that debate. Has copyright become a bloated impediment to creativity as William F. Patry contends? Is the author losing out to capitalist publishers and the internet, which is what Jane C. Ginsburg suggests? Can the great Canadian public debate of recent years, so well described by Michael Geist, guide the law in other countries? How fares fair use? Justin Hughes will tell you with insight. And more. Any serious policymaker or copyright student will not only have to read this book but will also enjoy doing so.' R. Hon Sir Robin Jacob, Hugh Laddie Professor of Intellectual Property Law, University College London

'In this volume, a first-rate group of contributors debates the future of copyright at a time when the policy debate is tilting away from maximalism, and re-focusing on the value of copyright limitations and exceptions. Readers will gain a deep understanding of the history of copyright limitations and exceptions, and the current debate over their future - a debate that ranges over both copyright's empirics and its foundational justifications. This book is essential for IP scholars and professionals, and will be accessible to anyone interested in the current debate over culture and creativity.' Christopher Jon Sprigman, Co-Director, Engelberg Center on Innovation Law and Policy, New York University

'An all-star roster of authors on one of the key questions of copyright policy for the new century.' Rebecca Tushnet, Georgetown University, Washington DC

'Curated by a leading international copyright legal scholar, this innovative collection represents leading theoretical, policy, and practical approaches toward the significant roles of limitations and exceptions in promoting first principles of copyright law.' Margaret Chon, Donald and Lynda Horowitz Professor for the Pursuit of Justice, Seattle University

From the Publisher