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Vol 21 No 11 Nov/Dec 2016

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Copyright and the Public Interest

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G. DaviesEuropaeisches Patentamt, Munich, Germany

ISBN13: 9783527286386
ISBN: 3527286381
Published: June 1996
Publisher: John Wiley & Sons Ltd
Format: Paperback
Price: Out of print



The book discusses the proposition that copyright is a just and proper concept, established and developed in the public interest, and explores the extent to which the notion of the public interest has influenced the copyright laws of a few major jurisdictions, namely, France, Germany, the United Kingdom and the United States of America. The proposition that copyright is in the public interest has been taken for granted in the past but, in recent years, it has been questioned in the context of the challenges to the copyright system posed by technical developments. In this debate, the underlying philosophy of copyright and its basic functions have been called into question and the public interest has been invoked, in favour of free and unfettered access by the public to copyright works. By examining the underlying principles which have governed the copyright system from its origins, this book makes a timely and useful contribution to the ongoing debate on the relationship between copyright law and the public interest.

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Contents:
Preface
Part I The Public Interest in the Copyright System
Chapter 1. Introduction
Chapter 2. The Underlying Principles Governing Copyright Legislation; (i) Natural Law; (ii) Just Reward for Labour; (iii) Stimulus to Creativity; (iv) Social Requirements
Chapter 3. Origins of Copyright Law in Europe
Part II The Concept of the Public Interest in the History of Copyright - National Examples
Chapter 4. United Kingdom; The Eighteenth Century Debate on the Nature of Copyright; The Revision Act of 1842; The 1878 Royal Commission Report; The Twentieth Century; u The 1911 Act; u The 1956 Act; The Public Interest in the Debate for Reform and the 1988 Act; The Public Interest and Limitations on Copyright; u Term of Protection; u Fair Dealing; u Public Interest Defence; u Statutory Exemptions in Favour of Education and Libraries; u Special Regulations Concerning Libraries and Archives; u Other Statutory Defences; Conclusion
Chapter 5. The United States of America; Origins of the 1790 Act; Legislative Developments between 1790 and 1976; u 1790u1909; u The Road to Reform and the 1909 Act; The Underlying Philosophy in the US Law of Copyright; The Public Interest and Limitations on Copyright; u Term of Protection; u Fair Use; u Statutory Exceptions to Protection; Conclusion
Chapter 6. France; Origins of the Law; The Revolution and the Decrees of 1791 and 1793; u The Performance Right; u The Reproduction Right; The Development of the Law Between 1793 and 1956; u Legislation; u Case Law; u Exceptions; u Moral Rights; u Proposals for Reform in the Nineteenth Century - Perpetual Rights versus the Public Interest; u The Evolution of French Concepts of AuthorsA Rights; The Twentieth Century; u The Road to Reform: The Draft Law of 1945; u The 1957 Law on Literary and Artistic Property; u The Public Interest in the Debate for Reform and the 1985 Law; u Statutory Exceptions to Protection; Conclusion
Chapter 7. Germany; Origins of the Law; Legislative Developments: 1870u1901; The Twentieth Century; u 1901u1949; u 1949u1965; The Present; The Public Interest and Article 14 of the Basic Law; Subsequent Amendments to the 1965 Act; u The 1972 Amendment; u The 1985 Amendment Act; Conclusion
Part III Copyright and Public Policy
Chapter 8. Introduction
Chapter 9. The Functions of Copyright Revisited; ChafeeAs Six Ideals of Copyright; The Moral Justifications for Copyright Revisited; The Economic Justifications for Copyright Revisited; Alternatives to Copyright
Chapter 10. Limitations on Copyright; Duration of Protection; Exceptions to Protection; u Free Fair Use; u Non-Voluntary Licensing Systems; u Private Use and Modern Technology; The Exercise of Rights
Chapter 11. Conclusions; Appendices; The Statute of Anne 1709; U.S. Copyright Act 1790; D?cret des 13u19 janvier 1791 relatif aux spectacles; D?cret des 19u24 juillet 1793; Preuisches Gesetz zum Schutze des Eigenthums an Werken der Wissenschaft und Kunst vom llten Juni 1837; Bibliography; Index.