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5 - Functional Fair Use

from Part II - The Law in Action

Published online by Cambridge University Press:  31 March 2020

Emily Hudson
Affiliation:
King's College London
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Summary

Doctrinal analysis suggests that the US copyright exceptions most relevant to cultural institutions are fair use in section 107 and the libraries and archives provisions in section 108. The latter were analysed in detail in Chapter 4, where it was observed that they are limited in various ways, most notably by their exclusion of museums and galleries and their focus on preservation, replacement and fulfilling some external requests. But as will be discussed in this chapter, the US fieldwork also revealed how cultural institutions have used section 107 in ways that overlap with, and extend far beyond, the activities contemplated in section 108. Indeed, fair use was the predominant exception amongst participants in this study, and was used more often and in a broader range of circumstances than the fair dealing exceptions of Australian, Canadian and UK law.

Type
Chapter
Information
Drafting Copyright Exceptions
From the Law in Books to the Law in Action
, pp. 160 - 206
Publisher: Cambridge University Press
Print publication year: 2020

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  • Functional Fair Use
  • Emily Hudson, King's College London
  • Book: Drafting Copyright Exceptions
  • Online publication: 31 March 2020
  • Chapter DOI: https://doi.org/10.1017/9781107338012.006
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  • Functional Fair Use
  • Emily Hudson, King's College London
  • Book: Drafting Copyright Exceptions
  • Online publication: 31 March 2020
  • Chapter DOI: https://doi.org/10.1017/9781107338012.006
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.

  • Functional Fair Use
  • Emily Hudson, King's College London
  • Book: Drafting Copyright Exceptions
  • Online publication: 31 March 2020
  • Chapter DOI: https://doi.org/10.1017/9781107338012.006
Available formats
×