GLOBAL MANDATORY FAIR USE

In a path-breaking work, Tanya Aplin and Lionel Bently make the case that the quotation exception in Article 10 of the Berne Convention constitutes a global mandatory fair use provision. It is global, they argue, because of the reach of Berne and TRIPS, and its mandatory nature is apparent from the clear language of Article 10 and its travaux. It relates to ‘use’ that is not limited by type of work, type of act or purpose, and it is ‘fair’ use because the work must be made available to the public, with attribution, and the use must be proportionate and consistent with fair practice. By explaining the contours of global mandatory fair use – and thus displacing the ‘three-step test’ as the dominant, international copyright norm governing copyright exceptions – this book creates new insights into how national exceptions should be framed and interpreted.

Tanya Aplin has been a professor of intellectual property law at King’s College London since 2011. She is Director of the Postgraduate Diploma in UK, EU and US Copyright Law and Co-director of the LLM in Intellectual Property and Information Law offered by King’s College London, and a door tenant at Three New Square, Lincoln’s Inn. Her publications include Copyright Law in the Digital Society: The Challenges of Multimedia, Intellectual Property: Patents, Copyright, Trade Marks and Allied Rights

(7th, 8th and 9th eds., with Prof. Cornish and Prof. Llewelyn); Intellectual Property Law: Text, Cases and Materials (1st, 2nd and 3rd eds, with Dr Davis); and Gurry on Breach of Confidence: The Protection of Confidential Information (with Prof. Bently, Prof. Johnson and Mr Malynicz). She has also edited the Research Handbook on Intellectual Property and Digital Technologies and is on the Editorial Committee of the Modern Law Review and Current Legal Problems.

Lionel Bently has been the Herchel Smith Professor of Intellectual Property Law at the University of Cambridge since 2004. He is Co-director of the Centre for Intellectual Property and Information Law at the University of Cambridge and a door tenant at 11 South Square, Gray’s Inn. His publications include The Making of Modern Intellectual Property Law (with Prof. Brad Sherman); Intellectual Property Law (editions 1–4, with Prof. Brad Sherman; 5th ed, with Profs. Sherman, Dev Gangjee and Phillip Johnson); and Gurry on Breach of Confidence: The Protection of Confidential Information (with Prof. Aplin, Prof. Johnson and Mr Malynicz). He is General Editor of International Copyright Law and Practice (with Burton Ong), co-editor (with Prof. Martin Kretschmer) of Primary Sources on Copyright and Editor-in-Chief of the Cambridge Law Journal.

CAMBRIDGE INTELLECTUAL PROPERTY AND INFORMATION LAW

As its economic potential has rapidly expanded, intellectual property has become a subject of front-rank legal importance. Cambridge Intellectual Property and Information Law is a series of monograph studies of major current issues in intellectual property. Each volume contains a mix of international, European, comparative and national law, making this a highly significant series for practitioners, judges and academic researchers in many countries.

Series Editors

Lionel Bently

Herchel Smith Professor of Intellectual Property Law, University of Cambridge

Graeme Dinwoodie

Global Professor of Intellectual Property Law, Chicago-Kent College of Law, Illinois Institute of Technology

Advisory Editors

William R. Cornish, Emeritus Herchel Smith Professor of Intellectual Property Law, University of Cambridge

Franc¸ois Dessemontet, Professor of Law, University of Lausanne

Jane C. Ginsburg, Morton L. Janklow Professor of Literary and Artistic Property Law, Columbia Law School

Paul Goldstein, Professor of Law, Stanford University

The Rt Hon. Sir Robin Jacob, Hugh Laddie Professor of Intellectual Property, University College London

Ansgar Ohly, Professor of Intellectual Property Law, Ludwig-Maximilian University of Munich

A list of books in the series can be found at the end of this volume.

Global Mandatory Fair Use

THE NATURE AND SCOPE OF THE RIGHT TO QUOTE

COPYRIGHT WORKS

TANYA APLIN

King’s College London

LIONEL BENTLY

University of Cambridge

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Information on this title: www.cambridge.org/9781108835459

DOI: 10.1017/9781108884099

© Tanya Aplin and Lionel Bently 2020

This publication is in copyright. Subject to statutory exception and to the provisions of relevant collective licensing agreements, no reproduction of any part may take place without the written permission of Cambridge University Press.

First published 2020

A catalogue record for this publication is available from the British Library.

Library of Congress Cataloging-in-Publication Data

NAMES: Aplin, Tanya Frances, 1972– author. | Bently, Lionel, 1964– author.

TITLE: Global mandatory fair use : the nature and scope of the right to quote copyright works / Tanya Aplin, King’s College London; Lionel Bently, University of Cambridge. DESCRIPTION: Cambridge, United Kingdom ; New York, NY : Cambridge University Press, 2020. | Series: Cambridge intellectual property and information law | Includes bibliographical references and index.

IDENTIFIERS: LCCN 2020018242 | ISBN 9781108835459 (hardback) | ISBN 9781108884099 (ebook)

SUBJECTS: LCSH: Fair use (Copyright) | Copyright.

CLASSIFICATION: LCC K1420.5 .B46 2020 | DDC 346.04/82–dc23

LC record available at https://lccn.loc.gov/2020018242

ISBN 978-1-108-83545-9 Hardback

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