The
global future of cultural institutions, information industries, and
individual creative work hinges, in part, on present decisions about the
scope and character of copyright exceptions and limitations. Almost
everyone agrees that modern copyright law needs to be flexible in order
to accommodate rapid technological change and evolving media uses. In
the United States fair use is the flexible instrument
of choice. Author's rights systems in Europe are generally deemed to be
less flexible and less tolerant to open-ended limitations and
exceptions. But are they really?
This
lecture makes the case that (1) author’s rights systems can be made as
flexible as common law copyright systems, and (2) that the existing
EU legal framework does not preclude the development of flexible norms
at the national level.
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