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Adoption of British Fair Dealing by the French System of Exceptions: In Praise of the Technique of Standards and the Philosophy of the Reasonable
- Source :
- IIC - International Review of Intellectual Property and Competition Law. 50:278-304
- Publication Year :
- 2019
- Publisher :
- Springer Science and Business Media LLC, 2019.
-
Abstract
- As the result of technological, cultural and social developments, continental copyright law is now faced with a need for greater flexibility in the implementation of its exceptions. In order to introduce such flexibility, some propose introducing a mechanism similar to American fair use. Others recommend a broader solicitation of the fundamental rights and freedoms. This article sets out to analyse the way in which the French system of exceptions is inspired, or could be better inspired, by British fair dealing and, more broadly, by standards such as the “rules of the genre”, “brief quotations” and the “three-step test”.
- Subjects :
- 0106 biological sciences
Fair use
media_common.quotation_subject
Flexibility (personality)
Fundamental rights
Intellectual property
16. Peace & justice
01 natural sciences
Test (assessment)
010601 ecology
010104 statistics & probability
Order (exchange)
Political science
Political Science and International Relations
0101 mathematics
Praise
Fair dealing
Law
media_common
Law and economics
Subjects
Details
- ISSN :
- 21950237 and 00189855
- Volume :
- 50
- Database :
- OpenAIRE
- Journal :
- IIC - International Review of Intellectual Property and Competition Law
- Accession number :
- edsair.doi...........5f8b828baf20823d09f818cb42c5f5ba