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14 - Creating a Public Interest Principle for the Adjudication of Fair Use and Fair Dealing Cases

from Part IV - Obvious and Hidden Values in the Working of Copyright Exceptions

Published online by Cambridge University Press:  15 January 2021

Shyamkrishna Balganesh
Affiliation:
University of Pennsylvania Law School
Ng-Loy Wee Loon
Affiliation:
National University of Singapore School of Law
Haochen Sun
Affiliation:
University of Hong Kong Faculty of Law
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Summary

Fair use is an awkward creature. It has been hailed as a legal invention that is essential for human and societal development. At the same time, fair use has become something of a legal monster, causing no end of troubles owing to its vague and shifting contours. Hence, lamentations that fair use is the most troublesome yet least determinate doctrine in copyright law are hardly surprising.

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Publisher: Cambridge University Press
Print publication year: 2021

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