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Global mandatory fair use : (Record no. 212557)

MARC details
000 -LEADER
fixed length control field 03653cam a22003138i 4500
001 - CONTROL NUMBER
control field 21506830
005 - DATE AND TIME OF LATEST TRANSACTION
control field 20240531112903.0
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 200420s2020 enk b 001 0 eng
010 ## - LIBRARY OF CONGRESS CONTROL NUMBER
LC control number 2020018242
020 ## - INTERNATIONAL STANDARD BOOK NUMBER
International Standard Book Number 9781108812801
Qualifying information (paperback)
040 ## - CATALOGING SOURCE
Original cataloging agency DLC
Language of cataloging eng
Description conventions rda
Transcribing agency DLC
042 ## - AUTHENTICATION CODE
Authentication code pcc
082 00 - DEWEY DECIMAL CLASSIFICATION NUMBER
Classification number 346.0482
Edition number 23
100 1# - MAIN ENTRY--PERSONAL NAME
Personal name Bently, Lionel,
Dates associated with a name 1964-
Relator term author.
245 10 - TITLE STATEMENT
Title Global mandatory fair use :
Remainder of title the nature and scope of the right to quote copyright works /
Statement of responsibility, etc. Lionel Bently, University of Cambridge; Tanya Aplin, King's College London.
263 ## - PROJECTED PUBLICATION DATE
Projected publication date 2009
264 #1 - PRODUCTION, PUBLICATION, DISTRIBUTION, MANUFACTURE, AND COPYRIGHT NOTICE
Place of production, publication, distribution, manufacture Cambridge, United Kingdom ;
-- New York, NY :
Name of producer, publisher, distributor, manufacturer Cambridge University Press,
Date of production, publication, distribution, manufacture, or copyright notice 2020.
300 ## - PHYSICAL DESCRIPTION
Extent xxv, 253 pages
Dimensions 22 cm.
336 ## -
-- text
-- txt
-- rdacontent
365 ## - TRADE PRICE
Price amount Rs. 2525.00
490 0# - SERIES STATEMENT
Series statement Cambridge intellectual property and information law
504 ## - BIBLIOGRAPHY, ETC. NOTE
Bibliography, etc. note Includes bibliographical references and index.
505 0# - Contents
Contents History of Article 10(1) Berne -- Preliminary considerations about the nature of the quotation exception -- Article 10(1) Berne : requirements -- Article 10(1) Berne : the meaning of quotation -- Article 10(1) Berne : fair practice -- Consequences of global, mandatory fair use -- Conclusion.
520 ## - SUMMARY, ETC.
Summary, etc. "Imagine an international instrument which does not merely oblige contracting parties to confer rights on copyright holders (permitting only optional, narrowly circumscribed, exceptions), but also mandates limitations. Imagine, too, that such an instrument requires parties to permit use of material which has been taken from existing works and incorporated in a later work, irrespective of the purpose of so doing, but only on condition that the use is in accordance with fair practice. Imagine that the mandatory limitation allows re-use of transformed versions of works, including parodies, and even the whole of a protected work. Imagine, indeed, a regime of global, mandatory, fair use. Surely such a fantasy, or 'thought experiment' is a pointless, 'academic' exercise given the political economy of international copyright and the dominant place within it occupied by the socalled 'three-step test,' which has long been thought to cast a cloud over the legitimacy of the US fair use defence?1 Yes and no. Yes, it is pointless to imagine, but no, this is not because it is impossible to achieve; it is pointless to imagine because there is no need to imagine it. It already exists.2 This is precisely the effect of Article 10(1) of the Berne Convention.3 This much-neglected provision already mandates global fair use.4 This is a proposition that will seem shocking to some, on both sides of copyright's polarised political spectrum. To so-called 'maximalists,' global, mandatory fair use is unthinkable because US fair use is itself legally dubious, in the light of the international requirement that exceptions must be confined to certain, special cases. Section 107 of the US Copyright Act 1976 is only maintainable because there is a body of jurisprudence that transforms the open norm of fair use' into a series of reasonably clearly understood and well-defined instances. Adoption of such an open-norm by other jurisdictions, without such jurisprudence, fails to offer certainty as to the limited scope of the limitation that international law appears to demand. At the opposite end, that of the 'copy-left' movement, the proposition cannot be correct, because, were it so, the international acquis would not be as appalling as it is taken to be"--
Assigning source Provided by publisher.
650 #0 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element Fair use (Copyright)
650 #0 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element Copyright.
700 1# - ADDED ENTRY--PERSONAL NAME
Personal name Aplin, Tanya Frances,
Dates associated with a name 1972-
Relator term author.
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Source of classification or shelving scheme Dewey Decimal Classification
Koha item type BOOKs
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Materials specified (bound volume or other part) Damaged status Not for loan Home library Current library Shelving location Date acquired Cost, normal purchase price Total Checkouts Full call number Barcode Date last seen Price effective from Koha item type Public note
    Dewey Decimal Classification PB     NLS NLS General Stacks 31/05/2024 2525.00   346.0482 APL 39636 31/05/2024 31/05/2024 BOOKs Recommended by Dr. Betsy Rajasingh