Abstract

http://ssrn.com/abstract=2125021
 


 



Quotations, Parody and Fair Use


Martin Senftleben


VU University Amsterdam - Faculty of Law

July 31, 2012

1912-2012: A CENTURY OF DUTCH COPYRIGHT LAW, P.B. Hugenholtz/A.A. Quaedvlieg/D.J.G. Visser, eds., Amstelveen: deLex 2012

Abstract:     
The Dutch legal tradition in the field of quotations, parody and fair use can provide important impulses for the further development of European and international copyright law. Given the fundamental importance of use privileges in this area for achieving copyright’s overall goal to support cultural follow-on innovation, these impulses may become particularly relevant when it comes to the question of adequate reactions to new forms of re-using and disseminating copyrighted material on the Internet, such as the re-use and dissemination of protected material in the context of enhanced search engine services and user-generated content. Against this background, the book chapter offers a detailed analysis of the development of the right of quotation, the exemption of parody and the debate on fair use under the 1912 Dutch Copyright Act. The insights from the analysis are subsequently placed in the broader context of European copyright law. A final assessment of the impulses that may be derived from the Dutch approach concludes the analysis and leads to policy recommendations.

Number of Pages in PDF File: 54

Keywords: right of quotation, parody, fair use, three-step test, search engine, user-generated content, flexible copyright, copyright policy

Accepted Paper Series





Download This Paper

Date posted: August 6, 2012 ; Last revised: December 26, 2012

Suggested Citation

Senftleben, Martin, Quotations, Parody and Fair Use (July 31, 2012). 1912-2012: A CENTURY OF DUTCH COPYRIGHT LAW, P.B. Hugenholtz/A.A. Quaedvlieg/D.J.G. Visser, eds., Amstelveen: deLex 2012. Available at SSRN: http://ssrn.com/abstract=2125021

Contact Information

Martin Senftleben (Contact Author)
VU University Amsterdam - Faculty of Law ( email )
De Boelelaan 1105
1081 HV Amsterdam
Netherlands
HOME PAGE: http://www.rechten.vu.nl/senftleben
Feedback to SSRN


Paper statistics
Abstract Views: 1,116
Downloads: 193
Download Rank: 93,546

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo6 in 0.469 seconds