Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-v5vhk Total loading time: 0 Render date: 2024-06-20T01:18:50.518Z Has data issue: false hasContentIssue false

2 - Fair dealing for the purposes of criticism, review and news reporting and related exceptions

Published online by Cambridge University Press:  04 March 2010

Robert Burrell
Affiliation:
Australian National University, Canberra
Get access

Summary

Having demonstrated in the last chapter that exceptions covering activities such as criticism, review and news reporting are necessary in order to prevent copyright from conflicting unduly with freedom of expression, we turn in this chapter to consider the provisions of UK law that relate to such activities. The principal focus of this chapter is on two fair dealing exceptions, namely, fair dealing for the purpose of criticism or review and fair dealing for the purpose of reporting current events. Consideration is also given, however, to a number of supplementary provisions, including, for example, the provision that allows for the reproduction of spoken words and provisions relating to the reporting of official proceedings. To some extent our analysis can only be provisional, given the dearth of case law interpreting the relevant exceptions post the implementation of the Information Society Directive. But given that the government decided to adopt a ‘bolt-on’ transposition of the Directive, sticking as closely to the original wording of the 1988 Act as was reasonably possible, it seems safe to assume that the courts will continue to apply much the same principles when interpreting the newly modified provisions. We demonstrate that the relevant provisions are, in various respects, limited in scope, subject to important restrictions and uncertain in their application. Moreover, in addition to identifying various problems with the exceptions themselves, we also discuss various other obstacles that may prevent users from relying on the exceptions.

Type
Chapter
Information
Copyright Exceptions
The Digital Impact
, pp. 42 - 79
Publisher: Cambridge University Press
Print publication year: 2005

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

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 Dropbox.

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.

Available formats
×