Book contents
- Frontmatter
- Contents
- Preface
- List of abbreviations
- Table of cases
- Table of statutes
- Introduction
- Part I Where we are
- Part II How we got here
- 6 Markets and metaphors
- 7 Copyright in supranational fora
- 8 Copyright in the domestic arena
- Part III Where we go from here
- Appendices
- Copyright, Designs and Patents Act 1988, Part I, Chapter III: ‘Permitted Acts’
- Copyright, Designs and Patents Act 1988, s. 296ZE and Schedule 5A
- Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society
- United States Copyright Act 1976, 17 USC, s. 107
- Bibliography
- Index
- Cambridge Studies in Intellectual Property
8 - Copyright in the domestic arena
Published online by Cambridge University Press: 04 March 2010
- Frontmatter
- Contents
- Preface
- List of abbreviations
- Table of cases
- Table of statutes
- Introduction
- Part I Where we are
- Part II How we got here
- 6 Markets and metaphors
- 7 Copyright in supranational fora
- 8 Copyright in the domestic arena
- Part III Where we go from here
- Appendices
- Copyright, Designs and Patents Act 1988, Part I, Chapter III: ‘Permitted Acts’
- Copyright, Designs and Patents Act 1988, s. 296ZE and Schedule 5A
- Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society
- United States Copyright Act 1976, 17 USC, s. 107
- Bibliography
- Index
- Cambridge Studies in Intellectual Property
Summary
Having identified some of the problems faced by users at the supranational level, in this chapter we turn our attention to the domestic political arena. As has already been indicated, the principal theme of this chapter is that at the domestic level too users face formidable obstacles in getting their voices heard and hence in shaping the legislative agenda. We begin by providing examples of where the unhelpful ideas and assumptions about copyright that we identified in Chapter 6 have contributed to an overly restrictive approach being taken to the exceptions. We suggest that problems caused by the adoption of these ideas and assumptions have been exacerbated by the way in which departmental responsibilities are divided in the United Kingdom. These factors, in turn, feed into another feature of the exceptions in the United Kingdom, which is that the permitted act provisions are very tightly drafted. This can create problems for users that are in some sense accidental (in that they do not result from a conscious decision to deny users protection in a given set of circumstances) and result from the failure of the draftsman to anticipate a particular issue or scenario or from generally poor draftsmanship. However, whilst such problems can be categorised as accidental, they are also inevitable, given an approach to drafting that attempts to define every possible situation in which an exception might apply.
- Type
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- Information
- Copyright ExceptionsThe Digital Impact, pp. 220 - 246Publisher: Cambridge University PressPrint publication year: 2005