Global Mandatory Fair Use
Tanya Alpin & Lionel Bently
January 29, 2021 | 10:00am EST | 3:00pm UTC
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In Global Mandatory Fair Use: the nature and scope of the right to quote copyright works (Cambridge: CUP, 2019), Tanya Aplin and Lionel Bently make the case that the quotation exception in Article 10 of the Berne Convention constitutes a global mandatory fair use provision. It is global, they argue, because of the reach of Berne and TRIPS, and it's mandatory nature is apparent from the clear language of Article 10 and its travaux. It relates to ‘use’ that is not limited by the type of work, type of act, or purpose, and it is ‘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 explaining the contours of global mandatory fair use – and thus displacing the ‘three-step test’ as the dominant, international copyright norm governing copyright exceptions – this book creates new insights into how national exceptions should be framed and interpreted.
ABOUT THE AUTHORS
Tanya Aplin has been a professor of intellectual property law at King’s College London since 2011. She is Director of the Postgraduate Diploma in UK, EU and US Copyright Law and Co-director of the LLM in Intellectual Property and Information Law offered by King’s College London, and a door tenant at Three New Square, Lincoln’s Inn.
Lionel Bently has been the Herchel Smith Professor of Intellectual Property Law at the University of Cambridge since 2004. He is Co-director of the Centre for Intellectual Property and Information Law at the University of Cambridge and a door tenant at 11 South Square, Gray’s Inn.