Drafting Copyright Exceptions
From the Law in Books to the Law in Action
Published on 30. June 2022
Book
Paperback/Softback
410 pages
978-1-107-61854-1 (ISBN)
Description
How should copyright exceptions be drafted? This is a question of ongoing concern in scholarly and law reform debates. In Drafting Copyright Exceptions, Emily Hudson assesses drafting options using insights from the standards and rules literature, and case studies from cultural institutions in Australia, Canada, the UK and the US. Drawing on thousands of hours of fieldwork conducted over fourteen years, the book describes how staff engage with and interpret the law. Whilst some practices are guided strongly by copyright doctrine, others are influenced by the factors such as ethical views, risk assessment, and prosaic matters related to collection management. This work should be read by anyone interested in a detailed account of interpretative practices related to the drafting of copyright exceptions, but it also speaks to broader debates about the relationship between the 'law in books' and the 'law in action'.
Reviews / Votes
'Drafting Copyright Exceptions is, without doubt, an important study not just for scholars and practitioners of intellectual property, but also judges, policy-makers and copyright users and their representative organizations.' Elena Cooper, Edward Elgar Publishing LtdMore details
Series
Language
English
Place of publication
Cambridge
United Kingdom
Target group
Professional and scholarly
Product notice
Paperback (trade)
Dimensions
Height: 229 mm
Width: 152 mm
Thickness: 22 mm
Weight
591 gr
ISBN-13
978-1-107-61854-1 (9781107618541)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Person
Emily Hudson is Reader in Law at King's College London. She has also worked at the University of Oxford, University of Queensland, Melbourne Law School and Minter Ellison Lawyers.
Content
Part I. Background: 1. Introduction; 2. Standards and rules; 3. Copyright and cultural institutions; Part II. The Law in Action: 4. Sector-specific exceptions; 5. Functional fair use; 6. Australian section 200AB; 7. Fair dealing's failures?; Part III. The Future: 8. New norms and practices; 9. Drafting copyright exceptions; Appendix; Bibliography; Index.