Published online by Cambridge University Press: 07 June 2017
The “designated exceptions” approach in the European Union and elsewhere becomes obsolete when faced with the needs of digital science to scrutinize and analyze all relevant research results pertinent to any scientific inquiry. Even the fair use exception rooted in U.S. law, while more agile on a case by case approach, is challenged by the scientific communities’ need to reproduce and analyze all available material relevant to any given research project and by the ability of automated knowledge discovery tools to do just that. A more promising model for reform is the “some rights reserved” concept of private ordering that has recently afforded scholars and scientists alternative standard deals that better serve both their private interests and those of the public at large. This article explores the possibility of legislatively encouraging authors and artists in general to consider a more nuanced set of standard legal options than the one size fits all model inherited from the eighteenth century.
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