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’.
- Describes reported decision-making practices in relation to copyright management, as disclosed in interviews in Australia, Canada, the UK and the US
- Contains observations and recommendations in relation to the drafting of exceptions, including reform of sector-specific exceptions, and calls for greater use of ‘flexible drafting’ and fair use
- Connects to an existing scholarly debate in relation to the drafting of copyright exceptions, which will be useful for academics, law reform bodies and governments that are considering copyright law reform
Table of Contents
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.
