11 - Copyright Exceptions and Limitations – Comparative Approaches

Summary

Copyright exceptions are important parts of the public domain, from the viewpoint both of the important uses permitted and the symbolic power of excepting a use from infringement. This chapter, and Chapter 12, focus on uses of works that are protected by copyright, but which would be infringing uses, but are not because they fall within copyright exceptions. This chapter first introduces and explains the terminology of ‘limitations on’ and ‘exceptions to’ copyright exclusive uses. Following this, the chapter reviews the international framework for copyright exceptions before explaining the main national approaches. In introducing the general approaches under national laws, the chapter distinguishes between US-style fair use exceptions, Commonwealth fair dealing exceptions and civil law ‘closed list’ approaches. Most of the chapter deals with general approaches to exceptions in the EU, US, UK, Australia, Canada and selected non-EU civil law jurisdictions, namely China and South Korea.