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8 - New Norms and Practices

from Part III - The Future

Published online by Cambridge University Press:  31 March 2020

Emily Hudson
Affiliation:
King's College London
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Summary

The previous three chapters focused on reported institutional practices in relation to three standard-like exceptions: fair use in US law; section 200AB in Australian law; and fair dealing in Canada in the five years following CCH Canadian Ltd v. Law Society of Upper Canada. The differences in practices were stark. Despite all three provisions adopting open-ended language, US interviewees reported that fair use was invoked for a range of internal and public-facing uses, whilst Australian interviewees treated section 200AB as an extremely narrow orphaned works provision, and Canadian institutions had not, with one minor exception, shifted their practices in response to CCH. If the narrative stopped there it might leave questions about the fair use panacea, including the capacity of other forms of drafting to capture the benefits of fair use, but also the ability of fair use (or equivalent standards) to flourish outside of US conditions.

Type
Chapter
Information
Drafting Copyright Exceptions
From the Law in Books to the Law in Action
, pp. 265 - 307
Publisher: Cambridge University Press
Print publication year: 2020

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  • New Norms and Practices
  • Emily Hudson, King's College London
  • Book: Drafting Copyright Exceptions
  • Online publication: 31 March 2020
  • Chapter DOI: https://doi.org/10.1017/9781107338012.009
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  • New Norms and Practices
  • Emily Hudson, King's College London
  • Book: Drafting Copyright Exceptions
  • Online publication: 31 March 2020
  • Chapter DOI: https://doi.org/10.1017/9781107338012.009
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.

  • New Norms and Practices
  • Emily Hudson, King's College London
  • Book: Drafting Copyright Exceptions
  • Online publication: 31 March 2020
  • Chapter DOI: https://doi.org/10.1017/9781107338012.009
Available formats
×